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!*@&#^$%#^@&!*@&#^$%#^@&!*@&#^$%#^@&!*@&#^$%#^@&!*@&#^$%#^@&!*@&#^$%#^@&!*
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Issue #2
Released October 19, 1990
File #100
Edited by Bloody Afterbirth
The Flaming Fetus is published on an irregular schedule with the
following purposes/intents:
1) To provide a platform from which intelligent, opinionated, and
outspoken people may broadcast their thoughts on various social,
economic, religious, political, etc., issues.
2) To educate the Reader about the above issues, with the assumption
that the Reader is reasonably intelligent and is capable of thinking
for him/herself.
3) To help preserve the rights to free speech, free thought, and free
action.
4) To exchange information as it morally should : freely. With this
purpose in mind, we will take various information from various
sources and, where possible, give credit to the author and publisher.
The opinions expressed herein are those of the author and are not
necessarily those of the publisher, editor, or any other contributor. If
you find those opinions offensive to your person, noone is forcing you to
continue reading. However, the day may come when you are forced NOT to.
Which do you prefer?
Table Of Contents
## Title Contributor/Description
01. Unborn Aflame..................................Editorial
02. Toxicity.......................................News and Rumors
03. For Whom The Bell Tolls........................Recruitment Hype
04. When Hemp Saved George Bush's Life.............Bloody Afterbirth
05. The Bush/Quayle/Lilly Pharmaceutical Sell Out..Bloody Afterbirth
06. The Last Days of Legal Cannabis................Fetal Juice
07. Isomerization..................................Gross Genitalia
08. Jack Herer's question to the USDA..............Bloody Afterbirth
09. Marijuana vs Tobacco - Which is worse?.........Bloody Afterbirth
10. PDFA: Slickly Packaged Lies....................Bloody Afterbirth
11. Suggested Mandatory Drug War Test..............Bloody Afterbirth
12. The Year To Petition...........................Fetal Juice
13. Another "Year To Petition".....................Bloody Afterbirth
14. Counterculture Encyclopedia #1.................Gross Genitalia
15. The Political Party Page from HIGH TIMES.......Bloody Afterbirth
16. HR4079 - Very scary proposed drug laws.........Bloody Afterbirth
17. Gosh, Bloody!..................................Bloody Afterbirth
18. Is Anybody Out There?..........................BBS List
19. Recommended Reading............................Toxic Shock File List
Contributing
If you wish to contribute to future issues of The Flaming Fetus, contact
Bloody Afterbirth at one of the addresses listed later in this issue. Any
and all submissions which are not complete and utter bullshit will be
seriously considered. There is no limit on size or on topic as long as your
submission has a point.
Subscribing
The Flaming Fetus is published using an electronic medium in order to
reach a larger audience in an economically feasible manner. However, it is
published and available in a hardcopy format. We charge for the paper and
the postage, nothing more. If you are interested in subscribing to FlamFet,
contact Bloody Afterbirth.
Credits
[+=- The name/handle of the actual contributor is used in the table of
contents. Where possible we give credit to the original author in the
actual article. This is for publications we have borrowed from -=+]
The Emperor Wears No Clothes by Jack Herer
(c)1985, 1986 Jack Herer
(c)1990 HEMP Publishing, 5632 Van Nuys Blvd., Van Nuys, CA 91401
$12.95 (varies)
HIGH TIMES
(c)1990 Trans-High Corporation. "HIGH TIMES" is a registered trademark.
Published by Trans-High Corporation, 211 East 43rd St., New York, NY 10017
In the US - 12 issues for $29.95, 24 issues for $54.95
Mail subscriptions (US funds) to PO Box 410, Mt. Morris, IL 61054
----------------------------------------------------------------------------
Unborn Aflame
-Bloody Afterbirth
!*@&#^$%#^@&!*@&#^$%#^@&!*
As I look back over this issue of The Flaming Fetus, I feel a little
tinge of pride creeping in. This is one gigantic leap towards what I think
the newsletter should be.
As has been the case quite frequently of late, we have taking information
from various sources (mainly HIGH TIMES and The Emperor Wears No Clothes),
and, as usual, we do so without permission.
We don't ask permission for a couple of reasons... Firstly, and most
obviously, to do that, we'd have to risk them turning us down, and no doubt
being pissed off when we do it anyway.
But the main reason is this... If anyone putting out any information of
the nature and quality that one finds in HIGH TIMES and in Jack Herer's book
(and other such sources), does not want that information spread far and wide
in any manner possible, I would like to personally meet with that person and
beat the bloody hell out of them.
We're trying to educate you people about the history of drugs, the REAL
dangers of drugs, what is happening in society, and other such things. We
have a message, and we're trying to spread it.
The fact that we find the information worthy of our time to key in and
then spread around, and even give credit to the original author/publisher,
should be payment enough for whomever we borrow from.
And if it isn't...if that person wants more than that...if that person
wants to get in the way of a group that is actually TRYING to do SOMETHING
to correct the terrible situation this country is in, that person can fuck
themselves.
And you know what? Anyone who spouts off about "I'm against drug
prohibition" or "Free The Weed!" or "We're becoming a fascist police state!"
and then sits on their ass and does NOTHING about it...they can fuck
themselves too!
I thought the world would take care of itself. Wrong.
I thought the situation would get better without my help. Wrong.
I thought there were plenty of others helping, so I wasn't needed. Wrong.
Any excuse you can come up with...Wrong.
You're afraid that if you write the media groups or your political
representatives that you'll be questioned? Then you're too damned much of a
loser to be doing anything illegal anyway. The Machine will run you over
eventually.
You're not old enough to vote yet? Then you'll not have enough time to
write when you ARE old enough to vote. Get off your ass now, develop good
habits while you're young. Because if you don't, when you are old enough to
vote, you may not be ABLE to vote.
You're not a registered voter? They don't know that. Regardless, you
mean to tell me you can't spare the few minutes it takes to register?
You don't have enough time? Bullshit! You don't have the five minutes
it might take to write one damn letter? ONE letter a week, and you could
have all the newspapers, television stations, and congressmen taken care of
in a few months!
You haven't joined any pro-Legalize groups because you don't want to be
on "The List"? Don't come crawling back sniveling and begging for help to
those groups when you get busted.
Stand up for your rights. Stand up for what you believe in.
This country was founded by people who were pissed off. Their rights
were being violated, and they STOOD UP for it, they didn't take any shit
from the apparently superior English. They were few, and they weren't well
financed. They had no real advantages over the British.
But those freedom fighters fought. They demanded liberty and justice.
And damnit, they WON.
They WON the war, they WON the revolution.
They GOT their liberty, their justice, their RIGHTS.
WE CAN TOO. But NOT if you sit on your ass doing NOTHING!
Things will NOT get better, if YOU DON'T HELP!
You may only be one person...But there are MILLIONS of people LIKE YOU
out there! If we raise our voices, if we pressure the pressure groups, we
CAN WIN BACK our rights and our freedoms!
So...Read this newsletter, and spread it around. Print it out and hand
it out to your friends and relatives, people on the street. Mail it to
various places. Subscribe to HIGH TIMES, buy books like The Emperor Wears
No Clothes... Educate yourself and those around you. Write letters to the
media groups, the power groups, your congressmen. Don't do nothing. We
need you. We all need each other in this war. If we band together and
unite for a common cause, we can and we will win.
The Government uses the military to fight its wars...but like the saying
goes...the pen is mightier than the sword...
(c)October 19, 1990 Bloody Afterbirth/Toxic Shock
----------------------------------------------------------------------------
Toxicity
News And Rumors
*!&^#@(*^@#!%$*&^@!#%$
Bloody Afterbirth is working on an essay on the beneficial uses of
marijuana/hemp, but it may be a few months before he releases it.
Upcoming topics for The Flaming Fetus--
o The Violation of Rights in America
o The Environment
o No More Wars!
It's probably old news by now, but Ripco has returned. Call up and help
out with the effort to bring the board to full glory once again.
Centre Of Eternity may be going through remodeling soon..Whether or not it
will go offline for that remains to be seen...
We have actually begun to call out and take our files with us, we've
appeared in CuD recently, so it looks like our Infestation Tour has finally
begun...If you have ideas or suggestions or desires that you think would be
nifty-keen-o for us to do, let us know and we'll see what we can do.
-(n)uzephlash '90!
----------------------------------------------------------------------------
For Whom The Bell Tolls
-Bloody Afterbirth-
!*@&#^$%#^@&!*@&#^$%#^@&!*@&#^$%#^@&!*
Contrary to some less intelligent observations, we are a very serious
group...Well, serious about what we do, though what we do may not be very
serious.
The group has gone through countless changes since our Conception in late
November '89, but we have decided upon an overall purpose in life which
should make it easier for you to decide if you want to work with us.
This country is systematically removing the rights of the citizens.
Those rights are violated each and every day in some form or other. Well,
we don't like that. So we do what we can to present knowledge and
information, education if you will, about such issues as the Drug culture
and the Computer underground in an effort to counteract the propaganda and
horseshit the Gumbyment, corporations, PDFA, whatever, feed the people.
We are now, basically, a Counterculture group. Yes, we will do
traditional Toxic Shock work on occasion, but we are beginning to work in a
groove, and the Counterculture is one thing we are all very interested in.
Files are what we do the most right now...Original files, excerpts from
books or magazines (or whole damn books and magazines), parodies, essays,
stories, whatever.
All it takes to become a member in our group is reasonable intelligence,
interest in the things we stand for, a desire to contribute and spread our
files, and enough guts to stand up for what you believe in, even if what you
believe in is contrary to some of the stuff we believe in.
If you are interested in joining, call the Centre of Eternity and leave
feedback to King Diamond, he will let one of us know about your interest.
If you would like to talk to ME for your "application", I can be reached, at
the time of this writing, at---
Free Speech "bloody" -or-
pacbell!sactoh0!kk4fs!bloody usenet -or-
sixhub!kk4fs!bloody usenet -or-
bloody@kk4fs.uucp internet -or-
Lunatic Labs "Bloody Afterbirth"
Ripco "Bloody Afterbirth"
I may be reachable on Demon Roach Underground sometime soon, but these
are the quickest ways you can get in touch with me...The numbers for
the two boards are listed later...
What we ask of you is simple...
1) Write a file in which you tell us about yourself, your views,
attitudes, opinions, etc, that would make you valuable to us. Tell
us why WE need YOU. (Because if it looks like YOU need US, then
you can fuck yourself. We don't need anybody just wanting to go
along for the ride.) We really don't care what groups you have
done work for or are doing work for, but if you feel the need to
give glory to them, do so. But keep in mind that your membership
in other groups doesn't mean jack shit to us as far as what you
can do, unless it happens to be on the par of LOD. (And if you
are in a group that good, tell us why the hell you would want to
work with Toxic Shock.)
2) Give us one or two (or more..) samples of your work. Whether it is
original (preferred) or copied (to show us what you have access to)
we will look at it...
(c)September 1990 Bloody Afterbirth/Toxic Shock
----------------------------------------------------------------------------
WHEN HEMP SAVED GEORGE BUSH'S LIFE
-taken from Jack Herer's "The Emperor Wears No Clothes"-
@!#&^*&#!$^
One more example of the importance of hemp: Five years after cannabis
hemp was outlawed in 1937, it was promptly re-introduced for the WWII effort
in 1942.
So, when the young pilot George Bush bailed out of his burning airplane
afer a battle over the Pacific, little did he know:
o Parts of his aircraft engine were lubricated with cannabis hemp seed
oil;
o 100% of hislife-saving parachute webbing was made from US grown
cannabis hemp;
o Virtually all the rigging and ropes of the ship that pulled him in
were made of cannabis hemp;
o The firehoses on the ship (as were those in the schools he had
attended) were woven from cannabis hemp; and,
o Finally, as young George Bush stood safely on the deck, his shoes'
durable stitching was of cannabis hemp, as it is in all good leather
and military shoes to this day.
Yet Bush has spent a good deal of his career eradicating the cannabis
plant and enforcing laws to make certain that no one will learn this
information -- possibly including himself...
(c)opied right from "The Emperor Wears No Clothes", page 8
!@#*&^!@#*&^!@#*&^!@#*&^!@#*&^!@#*&^!@#*&^!@#*&^!@#*&^!@*#&^!@#*&^!@#*&^
Ingrate!
(*!&@#(*&!@#(*&@!#(*&#!@(*#&@!(*#&@!(*&#(@!*&#!(@*&#!(*@&#(!*@&#(!*@&#!@
----------------------------------------------------------------------------
THE BUSH/QUAYLE/LILLY PHARMACEUTICAL SELL OUT
-taken from Jack Herer's "The Emperor Wears No Clothes"-
@!$#*&^%$!#@*&^%$#@!*&^%$#@!*&^%$#@!*&^%$#@!*&^%$#@!*&^%$#@!*$#@!&^%$#@!*&^@
In America, marijuana's most outspoken opponent is none other than
President George Bush, former Director of the CIA under Gerald Ford (1975 to
January 1977) and past director of President Reagan's "Drug Task Force"
(1981-1988)
It is a little known fact that, after leaving the CIA in 1977, Bush was
made director of Eli Lilly by none other than Dan Quayle's father and family
who owned controlling interest in the Lilly company and the Indianapolis
Star. (BA:So THAT'S why Quayle actually got VP!)
The entire Bush family were large stockholders in Lilly, Abbot, Bristol
and Pfizer, etc.
After Bush's disclosure of assets in 1979, it became public that Bush's
family still has a large interest in Pfizer and substantial amounts of stock
in the aforementioned drug companies.
In fact, Bush actively lobbied illegally both within and without the
Administration as Vice President in 1981 to permit drug companies to dump
more unwnted, obsolete or especially domestically-banned substances on
unsuspecting Third World countries.
While Vice President, Bush continued to illegally act on behalf of
pharmaceutical companies by personally going to the IRS for special tax
breaks for certain drug companies manufacturing in Puerto Rico. In 1981,
Vice President Bush was personally ordered to stop lobbying the IRS on
behalf of the drug companies by the US Supreme Court itself.
He did -- but they (the pharmceuticals) still received a 23% additional
tax break for their companies in Puerto Rico who make these American
outlawed drugs for sale to Third World countries.
OUTRAGEOUS!!
(c)opied right from "The Emperor Wears No Clothes", page 28
!@#$#@!@#$#@!@#$#@!@#$#@!@#$#@!@#$#@!@#$#@!#@$#@!@#$#@!#@$#@!@#$#@!@#$#@!
Looks like Bush's Anti-Marijuana stance is more economically based...
Talk about conflict of interests...Looks like it runs in the family with his
son's banking problems, eh?
!@#$#@!@#$#@!@#$#@!@#$#@!@#$#@!@#$#@!#@$#@!#@$#@!@#$#@!@#$#@!#@$#@!@#$#@!
----------------------------------------------------------------------------
SOURCE: HIGHTIMES October 1990 (#182) p 44
THE LAST DAYS OF LEGAL CANNABIS
By Jack Herer
Keyed by Fetal Juice
One hundred sixteen million pounds of cannabis sativa were imported into
the United States in 1935. As we emerged from the Great Depression,
cultivation and commerce of hemp was a thriving industry. Who squashed it?
And why?
Excerpted from the updated and revised edition of The Emperor Wears No Cloths,
written by Jack Herer. This landmark book, originally published in 1985,
contains shocking and sensational material about the uses of the hemp plant,
and the real reasons why hemp was made illegal over fifty years ago. To order
your copy of the new, improved 1990 edition of *The Emperor Wears No Clothes*,
the book that tells us to save the seed to save the planet, send $12.95 (plus
$2.00 shipping and handling) to: H.E.M.P., 5632 Van Nuys Boulevard, Van Nuys,
CA 91401. (make check or money order out to H.E.M.P.)
Jack Herer's landmark book, The Emperor Wears No Clothes, shows how
anti-marijuana laws - ostensibly passed in order to suppress the supposedly
insolent, criminal behavior of African- and Mexican- Americans, and in
responce to alleged criminal violence and drug-induced insanity by its users -
were actually a giant red herring aimed at removing the hemps plant's
resurgence as an agricultural competitor to the emerging petrochemical
industry (due to breakthrough decorticating and harvesting technologies) by a
few powerful companies. In this excerpt, Herer details the machinations
behind the passage of Reefer Madness laws.
A CONSPIRACY TO WIPE OUT THE NATURAL COMPETITION
When mechanical hemp fiber stripping machines and machines to conserve hemp's
high-cellulose pulp became state-of-the-art, available and affordable in the
mid-1930s, the enormous timber acreage and businesses of the Hearst Paper
Manufacturing Division, Kimberly Clark (USA), St. Regis - and virtually all
other timber, paper and large newspaper holding companies - stood to lose
billions of dollars and perhaps go bankrupt.
Coincidentally, DuPont had just patented a new sulphuric-acid process for
wood pulp paper in 1937 which would, according to their own corporate records
and historians, account for over 80% of all its railroad carloadings for the
next 50 years.
If hemp had not been made illegal, 80% of DuPont's business would never
have come to be; nor would 80% of the pollution inflicted on our Northwestern
and Southeastern rivers have occured. In an open marketplace, hemp would have
saved the majority of America's vital family farms and would probably have
boosted their numbers, despite the Great Depression of the 1930s.
Competing against the enviromentally-sane hemp-paper technology would
have jeopardized the lucrative financial schemes of the Hearst, DuPont and
DuPont's chief financial backer, Andrew Mellon of the Mellon Bank of
Pittsburgh. These industrial barons and financiers knew that machinery to
cut, bale, decorticate (to separate the fiber from the high-cellulose hurd),
and process hemp into paper was becoming available in the mid-1930s. Cannabis
hemp would have to go.
A series of secret meetings was held. Mellon, in his role as Herbert
Hoover's Secretary of the Treasury, in 1931 appointed his future
nephew-in-law, Harry J. Anslinger, to be head of the newly reorganized Federal
Bereau of Narcotics and Dangerous Drugs (FBNDD), a post he would hold for the
next 31 years.
SOCIAL REORGANIZATION
In DuPont's 1937 Annual Report to its stockholders, the company strongly urged
action (investment) despite the economic chaos of the Great Depression.
DuPont was anticipating "radical changes," predicting that "the revenue
raising power of the government" would soon be "converted into an instrument
for forcing acceptance of sudden new ideas of industrial and social
reorganization."
In *The Marijuana Conviction* (U. of Virginia Press, 1974), Richard
Bonnie and Charles Whitebread II detailed this process:
*"By the fall of 1936, Chief Treasury Consul Herman Oliphant had decided
to employ the taxing power [of the Federal government], but in a statute
modeled after the National Firearms Act and wholly unrelated to the 1914
Harrison [narcotics] Act. Oliphant himself was in charge of preparing the
bill. Anslinger directed his army to turn its campaign toward Washington.
The key departure of the marijuana tax scheme from that of the Harrison
Act is the notion of the prohibitive tax. Under the Harrison Act, a
non-medical user could not legitmately buy or possess narcotics.
"To the dissenters in the Supreme Court decisions upholding the act, this
clearly demonstrated that Congress' motive was to prohibit conduct rather then
raise revenue. So in the National Firearms Act, designed to prohibit traffic
in machine guns, Congress 'permitted' anyone to buy a machine gun, but
required him to pay a $200 transfer tax and carry out the purchase on an order
form.
"The Firearms Act, passed in June 1934, was the first act to hide
Congress's motives behind a 'prohibitive' tax. The Supreme Court unanimously
upheld the anti-machine gun law on March 29, 1937.
"Oliphant, who had been siting on the secret marijuana tax bill for two
years, had undoubtedly been awaiting the Court's decision on the prohibition
tax on machine guns, now had the Treasury Department suddenly introduce its
marijuana bill just two weeks later, on April 14, 1937."*
Thus, DuPont's decision to invest in new technologies based on "focusing
acceptance of sudden new ideas of industrial and social reorganization" makes
sense.
THE PROHIBITIVE MARIJUANA TAX
In the secret Treasury Department meetings conducted between 1935 and 1937
prohibitive tax laws were drafted and strategies plotted. "Marijuana" was not
banned outright: An "occupational excise tax upon dealers, and a transfer tax
upon dealings in marijuana" were called for. Importers, manufacturers,
sellers and distributors had to register with the Secretary of the Treasury
and pay the occupational tax. Transfers were taxed a $1 an ounce, $100 an
ounce if the dealer was unregistered. Also, sales to an unregisterd taxpayer
were prohibitively taxed. At this time the "raw drug" cannabis sold for one
dollar an ounce. The year was 1937. New York State had exactly one narcotics
officer. (Now it has a network of thousands of officers, agents and snitches,
and twenty times the penal capacity.)
After the Supreme Court decision of March 29, 1937, upholding the
prohibition of machine guns through taxation, Herman Oliphant made his move.
On April 14, 1937, he introduced the bill directly to the House Ways and Means
Committee instead of to other appropriate committees such as Food and Drug,
Agriculture, Textiles, Commerce, etc. The reason may have been that Ways and
Means is the only committee to send its bills directly to the House floor
without the act having to be debated upon by other committees. Ways and Means
Chairman Robert L. Doughton quickly rubber-stamped the secret Treasury bill
and sent it sailing through Congress to the President.
"DID ANYONE CONSULT WITH THE AMA?"
However, even withen his controlled committee hearings, many expert witnesses
spoke out against the passage of these unusual tax laws. Dr. James Woodward,
for instance, who was both a physician and an attorney, testified on behalf of
the American Medical Association (AMA). He said, in effect, the whole fabric
of federal testimony was tabloid sensationalism! No real testimony was being
used in its passage! This law could possibly in ignorance deny the world a
potential medicine, especially now that the medical world was just beginning
to find which ingredients in marijuana were active. He stated to the
committee that the whole reason the AMA hadn't come out against the marijuana
tax law sooner was that it had been described in the press for 20 years as
"killer weed from Mexico."
The AMA doctors had just realized, "two days before" the spring, 1937,
hearings, that the plant Congress intended to outlaw was known medically as
cannabis - the benign substance used for 100 years in America with perfect
safety. Woodward also stated the main reason he did not know this fact was
that all the meetings had been held in secret by the Treasury Department over
the past two years.
He and the AMA were quickly denounced by Anslinger and the entire
Congressional committee, and curtly excused. (The AMA and Roosevelt
administration were strong antagonists in 1937.) When the Marijuana Tax Act
bill came up for oral report, discussion, and vote on the floor of Congress,
only one pertinent question was asked from the floor: "Did anyone consult with
the AMA and get their opinion?"
Representative Vinson, answering for the Ways and Means Committee
replied, "Yes, we have a Dr. Warton [mistaken pronunciation of Woodward?] and
the AMA are in complete agreement!"
With this memorable lie, the bill passed, and became law in September
1937. A federal police force was created, able to demand millions of wasted
years in jail and even the deaths of individual Americans, in order to save
polluting industries, and to reinforce policies of racial hatred.
Testimony before Congress in 1937 for the purpose of outlawing marijuana
consisted almost entirely of Hearst's and other sensational and racist
newspaper articles read aloud by Harry J. Anslinger, director of the Federal
Bureaau of Narcotics (FBN). (This agency has since evolved into the Drug
Enforcement Administration [DEA].) Harry J. Anslinger was director of the new
Federal Bureau of Narcotics from its inception in 1931 for the next 31 years,
and was only forced into retirement in 1962 by President John F. Kennedy,
after Anslinger tried to censor the publication and publishers of Professor
Alfred Lindsmith's "The Addict and the Law," (Washington Post, 1961) and to
blackmail and harass his employer, Indiana University.
Anslinger had come under attack for racist remarks as early as 1934 by a
US senator from Pennsylvania, Joseph Guffey, for such things as referring to
"ginger-colored niggers" in letters circulated to his department heads on FBN
stationery.
OTHERS SPOKE OUT, TOO
Also lobbying *against* the Marijuana Tax Act's passage with all its energy
was the National Oil Seed Institue, representing the high quality machine
lubrication producers as well as paint manufactures. Speaking to the House
Ways and Means Committee in 1937, their general counsel, Ralph Loziers,
testified eloquently about hemp seed oil that was to be, in effect, outlawed:
*"Respectable authorities tell us that in the Orient, at least 200
million people use this drug; and when we take into consideration that for
hundreds, yes, thousands of years, practically that number have been using
this drug. It is significant that in Asia and elsewhere in the Orient, where
poverty stalks abroad on every hand and where they draw on all the plant
resources which a bountiful nature has given that domain--it is a significant
fact that none of those 200 million people has ever, since the dawn of
civilzation, been found using the seed of this plant or using the oil as a
drug.
"Now, if there were any deleterious properties or principles in the seed
or oil, it is reasonable to suppose that these Orientals, who have been
reaching out in their poverty for something that would satisfy their morbid
appetite, would have discovered it...
"If the committee please, the hemp seed, or the seed of the cannabis
sativa l., is used in all the oriental nations also in part of Russia as food.
It is grown in their fields and used as an oatmeal. Millions of people every
day are using hemp seed in the Orient as food. They have been doing that for
many generations, especially in periods of famine...
"The point I make is this--that this bill is too all inclusive. This
bill is a world encircling measure. This bill brings the activities--the
crushing of this great industry under the supervision of a bureau--which may
mean its suppression. Last year, there was imported into the US 62,813,000
pounds of hemp seed. in 1935 there was 116 million pounds..."
PROTECTING SPECIAL INTERESTS
Prior to 1931, Anslinger was Assistant US Commissioner for Prohibition.
(Anslinger, remember, was hand-picked to head the new Federal Bureau of
Narcotics by his uncle-in-law, Andrew Mellon, Secretary of the Treasury under
President Herbert Hoover.) The same Andrew Mellon was also the owner and
largest stockholder of the sixth largest bank (in 1937) in the United States,
the Mellon Bank in Pittsburgh, one of only two bankers for DuPont from 1928 to
the present. (DuPont, in its entire 170-year history, has borrowed money ffrom
banks only twice, once to buy control of General Motors in the 1920s.
Dupont's banking business is the prestigious plum of the financial world.)
In 1937, Anslinger testified before Congress, saying, "Marijuana is the
most violence causing drug in the history of mankind." This along with
Anslinger's outrageous marijuana statements and beliefs was made to the
Southern-dominated Congressional committee and is now an embarrassment to read
in its entirety.
For instance, Anslinger kept a "Gore File," culled almost entirely from
Hearst and other sensational tabloids--e.g., stories of axe murders, where one
of the participants reportedly smoked a joint four days before committing the
crime. Anslinger pushed on Congress as a fact that about 50% of all violent
crimes committed in the US were committed by Spaniards, Mexican-Americans,
Latin Americans, Filipinos, Negroes, and Greeks and that these crimes could be
traced directly to marijuana. Not one of Anslinger's marijuana "Gore Files"
of the 1930s is believed true by scholars who have painstakingly checked the
facts. In fact FBI statistics, had Anslinger bothered to check, showed at
least 65% to 75% of all murders in the US were then--and still are--alcohol
related.
As an example of his racist statement, Anslinger read into US
Congressional testimony (without objection) stories about "coloreds" with big
lips luring white women with jazz and marijuana. He read of two Negro
students at the University of Minnesota doing this to a white coed "with the
result of pregnancy." The Congressmen of 1937 gasped at this and at the fact
that this drug seemingly caused white women to touch or even look at a
"Negro."
SELF-PERPETUATING LIES
Virtually no one in America other then a handful of rich industrialists and
their hired cops knew that their chief potential competitor--hemp--was being
outlawed under the name marijuana.
That's right. Marijuana was most likely just the excuse for hemp
prohibition and economic suppression. The water was further muddied by the
confusion of marijuana with locoweed (jimsonweed). The situation was not
clarified by the press, which continued to print the disinformation into the
1960s. And even at the dawn of the 1990s, the most estravagant and ridiculous
attacks on the hemp plant draw national media attention.
But serious discussions of the health, civil liberties and economic
aspects of the hemp issue are frequently dismissed as being nothing but an
"excuse so that people can smoke pot."
One must concede that, as a tactic, confusing the public about the nature
of hemp and its relationship with "marijuana" has been very successful.
_______________________________________________________________________________
ISOMERIZATION
Transforming Hemp to Primo Marijuana
by Mel Frank
Source: High Times Oct. 1990 p54-55
Keyed by Gross Genitalia, Oct. 3, 1990
The mysterious isomerizer was supposedly able to turn the most bogus bunkweed
into mind-bending hash oil. Did this miracle-machine really work? Mel Frank
delves deep into the isomerizer's murky past.
Almost forgotten by today, a small industry sprouted, flourished and died.
The industry was the manufacture and sale of isomerizers -- machines sold
through head shops and mail-order houses that supposedly could miraculously
transform mediocre marijuana into potent hash oil. The oil could then be smoked in an oil-pipe or sprayed on inferior marijuana to enhance its effect.
The earliest ad I could fimd for an isomerizer appeared in the seventh issue of a fledgling magazine called HIGH TIMES (December/January 1975) about the time HIGH TIMES was first becoming a showcase for drug paraphernalia. Thai
Power, Inc., an Alaskan firm, claimed their "Isomerizer" would "convert
cannabidiol (CBD), an inert and undesirable element, to pure THC resulting
in an increase in up to six times" in potency. The ad also claimed the Isomer-
izer could "convert low-rotating forms of THC as found in low-quality
marijuana and hashish to the more psychedelic and spiritual high-rotating
forms." Wonder of wonders! For only $275 (1975 dollars) amateur alchemists
could transform garbage to gold! The Isomerizer was the dream-machine of '70s
marijuana culture.
In 1976, Thai Power introduced the mew model ISO2 for $159, but soon other
companies began to vie for the dollars of dopers looking for extraordinary
super-highs. Competition from imitators, such as the Maximizer at $29.95 and
Kik at $69.95, dropped the price of the ISO2 to $99 in 1979. How popular was
the Isomerizer? An ad for the ISO2 in the March 1978 issue of HEAD magazine
claimed that over 20,000 had been sold. But by 1982, isomerizer ads and
isomerizer imitators had all but disappeared, due to introduction of anti-
paraphernalia laws.
The idea of isomerization was introduced in a slim booklet, CANNABIS
ALCHEMY by David Gold, published in 1973. All the claims -- transformation of
inactive CBD to psychoactive THC, and conversion of low-rotating THC to
high-rotating THC isomeric forms -- appear in CANNABIS ALCHEMY. Whether the
commercial machines COULD isomerize CBD to THC as described by Gold is not the
issue I want to address here. They did a decent job of extracting raw marijuana resin from buds, leaves and stems. But unfortunately, isomerizers never got the chance to work as the dream-machine buyers expected.
WHAT WENT WRONG?
Gold plainly says in his book that "the quantity of CBD is important." But
Gold and many other writers (including this writer) were led astray by the
faulty data published in the scientific journals of the day.
Everyone -- isomerizer-makers and consumers -- wrongly believed that the
inferior marijuana sold in this country was poor in THC and rich in CBD. But
the fact is that inferior commercial marijuana in the USA is generally poor
in THC AND very poor in CBD. Isomerizer buyers spent time and effort trying to
convert something (CBD) that simply wasn't there.
The assumption that inferior marijuana was rich in CBD began when scientists published reams of research on marijuana in the 1960s and early '70s that confused CBD with other cannabinoids, mainly CBC (cannabichromene). Early test procedures could not s
Substantial CBD is fairly common in North African and Central Asian
varieties (Table 1), but usually not in varieties from Colombia, Mexico,
Jamaica, and US homegrown -- the majority of marijuana consumed here.
Surprisingly, high concentrations of CBD are not that uncommon in some Thai
and Afghani varieties. But smugglers seldom bring such CBD-rich varieties to
the USA simply because the product is mediocre compared to the THC-rich Thai
and Afghani, and, therefore, not worth importing.
========================================================
TABLE 1 -- CANNABINOIDS IN MARIJUANA FROM NORTH AFRICA AND CENTRAL ASIA*
Country of Origin THC CBD CBC
-----------------------------------
Ethiopia 1.29 3.05 0.15
Lebanon 1.07 1.68 0.05
Turkey 1.56 2.79 0.23
Iran 0.18 1.63 0.03
Morocco 0.08 1.61 0
* Percentage of cannabinoid to weight of dried sample (marijuana). Notice that
CBD is the predominant cannabinoid. There are also much more potent varieties grown in these countries.
========================================================
Table 2 shows concentrations of cannabinoids in sinsemilla collected in
California. Notice that none of the varieties have more than four one-
hundredths of one percent CBD, a minuscule amount. Lower-grade Mexican may have only one to three percent THC, but almost no CBD. Realistically, you're very unlikely to come across CBD-rich marijuana varieties. Do not despair. We have plenty of hemp weed
========================================================
TABLE 2 -- CANNABINOID CONCENTRATIONS IN SINSIMELLA FROM CALIFORNIA
Variety THC THCV CBD CBC CBN
------------------------------------------------------
Mexican 1.5 6.88 0.41 0.03 0.30 0.10
African 3 8.89 0.15 0.17 0.17 0.12
Colombian Chiba 60 9.72 0.05 0.08 0.08 0.12
Thai 3 7.03 0.05 0.24 0.24 0.06
Afghani 1 8.10 0.08 0.28 0.28 0.10
Nigerian 1 10.29 0.16 0.27 0.27 0.07
Cambodian 2 6.71 0.03 0.19 0.19 0.12
Congolese 2 11.11 0.17 0.23 0.23 0.07
Brazzaville Congo 2 7.84 0.11 0.14 0.14 0.10
========================================================
WHERE TO FIND WILD HEMP FOR ISOMERIZATION
CBD is the predominant cannabinoid in hemp with roughly 80 to 90 percent of
the total cannabinoids being CBD (Table 3). The map shows the distribution of wild (weedy) hemp in the U.S.A. Each dot respresents a single field.
========================================================
TABLE 3 -- PERCENTAGES OF THC AND CBD IN WEEDY MIDWESTERN HEMP*
Origin THC | CBD
---------------------------------+----------------------
Average|Range | Average| Range
-------+-------------+--------+-------------
Illinois 0.37 |0.05 to 2.37 | 1.02 |0.15 to 7.10
Indiana 0.20 |trace to 1.50| 2.50 |trace to 6.80
Kansas n/r |0.01 to 0.49 | n/r |0.12 to 1.70
Minnesota** n/r |0.20 | n/r |1.65
Iowa** n/r |0.10 | n/r |1.70
* Percentage of THC and CBD to the dry weight of marijuana; n/r is not
reported.
** One sample only.
[ed:The map could obviously not be drawn, buy the mag. The highest concen-
tration of the dots mentioned are in Iowa and Illinois, and spread
through Nebraska, Kansas, Minnesota, Missouri, Wisconsin, and Indiana.
Dots also appear in many northeastern states and in Kentucky and North
Carolina, with few dots appearing south and westward in Arkansas, Texas,
New Mexico, Utah, California and other states.]
========================================================
Weedy hemp fluorishes from Quebec to British Columbia and south throughout
most of the continental United States. Most often, you'll find weedy hemp in
the Midwest, in the East, and in most major cities. The best places to look
are along the banks of streams, fields, railroad lines, highways, in empty
lots, and other recently cleared areas. Cannabis is a colonizer, which means
that the plant "colonizes" areas that are suitable for growth and empty of
competing plants.
The hemp varieties that inhabit the US were imported from cool, temperate
areas of Europe and Asia. This may account for the notable absense of weedy
hemp in the hotter regions of the southern US, where there is ample rainfall
and fertile soil. Apparently, these varieties either do not thrive in very
hot climes or do not compete well with local weeds. Weedy hemp is absent or
rare in areas with tight or compacted clay soils. Also, hemp is uncommon in
particularly arid areas and is nearly absent from the dry, mountainous regions
and deserts of the West.
Distribution is concentrated in the Central and Midwest states, where hemp
was planted during WWII, part of the wartime effort to counter the
possibility that Japan would cut off America's supply of Manila hemp and
create a fiber shortage.
Do not be disheartened if you've never encountered weedy hemp. Hemp can
be found in nearly every conceivable site, from lake shores to cracks in bcrncrete walls to upland pine-tree plantations. When scientists constructed
the map shown here in 1965, they found that the spread of weedy hemp had
slowly but steadily accelerated for the past hundred years. The authors
ominously warned that the dreaded hemp weed was still increasing in both
range and incidence. Very likely you'll find hemp in places not indicated
on the map.
For example, in Newburyport, Massachusetts, in 1979, I was given weedy
hemp collected from an empty lot that had been overgrown with various weeds
for as long as anyone could remember. The plants may well have been
descendants of a hemp strain planted generations ago for hemp fiber.
I don't know if isomerizers can transform CBD to THC. I'm only saying
that for isomerizers to work, you must use hemp with its CBD, not
marijuana. So, break out those relic isomerizers, and let's find out if they
work. Maybe this article will help resurrect the long-lost, mystical art of
isomerization.
(c)opied right from High Times...Toxic Shock / Gross Genitalia / Oct. 1990
----------------------------------------------------------------------------
Why Not Use Hemp To Reverse The Greenhouse Effect & Save The World?
-taken from The Emperor Wears No Clothes by Jack Herer-
In early 1989, Jack Herer and Maria Farrow put this question to Steve
Rawlings, the highest ranking officer in the US Department of Agriculture
who was in charge of reversing the Greenhouse Effect, as the USDA world
research facility in Beltaville, MD.
First, we introduced ourselves and told him we were writing for Green
political party newspapers, then we asked Rawlings, "If you could have any
choice, what would be the ideal way to stop or reverse the Greenhouse
Effect?"
He said, "Stop cutting down trees and stop using fossil fuels."
"Well, why don't we?"
"There's no viable substitue for wood for paper, or for fossil fuels."
"Why don't we use an annual plant for paper and for biomass to make
fael?"
"Well, that would be ideal," he agreed. "Unfortunately there is nothing
you can use that could produce enough materials."
"Well, what would you say if there WAS such a plant that could substitute
for all wood pulp paper, all fossil fuels, would make most of our fibers
naturally, make everything from dynamite to plastic, grows in all 50 states
and that one acre of it would replace 4.1 acres of trees, and that if you
used about 6% of the US land to raise it as an energy crop -- even on our
marginal lands, this plant would produce all 75 quadrillion billion BTUs
needed to run America each year? Would that help save the planet?"
"That would be ideal. But there is no such plant."
"We think there is."
"Yeah? What is it?"
"Hemp."
"Hemp!" he mused for a moment. "I never would have thought of it... You
know, I think you're right. Hemp could be the plant that could do it. Wow!
That's a great idea!"
We were excited as we outlined this information and delineated the
potential of hemp for paper, fiber, fuel, food, paint, etc., and how it
could be applied to balance the world's ecosystems and restore the
atmosphere's oxygen balance with almost no disruption of the standard of
living to which most Americans have become accustomed.
In essence, Rawlings agreed that our information was probably correct and
could very well work.
He said, "It's a wonderful idea, and I think it might work. But, of
course, you can't use it."
"You're kidding?" We responded. "Why not?"
"Well, Mr. Herer, did you know that hemp is also marijuana?"
"Yes, of course I know, I've been writing about it for about 40 hours a
week for the past 17 years."
"Well, you know marijuana's illegal, don't you? You can't use it."
"Not even to save the world?"
"No. It's illegal," he sternly informed me. "You cannot use something
illegal."
"Not even to save the world?" we asked, stunned.
"No, not even to save the world. It's illegal. You can't use it.
Period.
"Don't get me wrong. It's a great idea," he went on, "But they'll never
let you do it."
"Why don't you go ahead and tell the Secretary of Agriculture that a
crazy man from California gave you documentation that showed that hemp might
be able to save the planet and that your first reaction is that he might be
right and it needs some serious study? What would he say?"
"Well, I don't think I'd be here very long after I did that. After all,
I'm an officer of the government."
"Well, why not call up the information on your computer at your own USDA
library? That's where we got the information in the first place."
He said, "I can't sign out that information."
"Well, why not? We did."
"Mr. Herer, you're a citizen. You can sign out for anything you want.
But *I* am an officer of the Department of Agriculture. Someone's going to
want to know why I want all this information. And then I'll be gone."
Finally, we agreed to send him all the information we got from the USDA
library, if he would just look at it.
He said he would, but when we called back a month later, he said that he
still had not opened the box that we sent him and that he would be sending
it back to us unopened because he did not want to be responsible for the
information now that the Bush administration was replacing him with their
own man.
We asked him if he would pass on the information to his successor, and he
replied, "Absolutely not."
In May, 1989, we had virtually the same conversation and result with his
cohort, Dr. Gary Evans of the US Department of Agriculture and Science, the
man in charge of stopping the global warming trend.
In the end, he said, "If you really want to save the planet with hemp,
then you (hemp/marijuana activists) would find a way to grow it without the
narcotic (sic) top -- and then you can use it."
This is the kind of frightened (and frightening) irresponsibility we're
up against in our government.
(c)opied right from The Emperor Wears No Clothes, page 12.
(c)1985 Jack Herer
(c)1990 HEMP Publishing
----------------------------------------------------------------------------
Marijuana vs Tobacco - Which is worse?
-Bloody Afterbirth-
\paraphrased from The Emperor/
!@#$%^&*&^%$#@!@#$%^&*&^%$#@!@#$%^&*&^%$#@!@#$%^&*&^%$#@!@#$%^&*&^%$#@!
I have gotten tired of hearing about how marijuana does as much damage to
your lungs as 20 cigarettes. I saw recently someone's estimation that
Cannabis is as bad as 115 cigarettes.
Now, while I think he probably meant 15, it still shows the
misconceptions people have about how damaging Cannabis really is. I've been
doing a lot of research lately for a paper I'm doing on Marijuana, and this
is the data I have found on Marijuana vs Tobacco...
*&^%$#@!@#$%^&*&^%$#@!@#$%^&*&^%$#@!@#$%^&*&^%$#@!@#$%^&*&^%$#@!@#$%^&*
Brain Damage
In 1974, California's governer Ronald Reagan told the LA Times that "the
most reliable scientific sources say permanent brain damage is one of the
inevitable results of the use of marijuana."
He was referring to the Heath/Tulane University study.
The results of that study are almost like a Bible for drug prohibitionists,
and they are widely distributed as "evidence" that marijuana kills brain
cells.
With this study, monkeys were made to smoke a godawful amount of pot (the
equivalent of 30 joints a day), and began to die after three months.
Heath opened the brains of the dead monkeys and, comparing the number of
dead brain cells in them to those in monkeys which had not smoked marijuana,
found out that the ones who HAD smoked pot had very very many dead brain
cells.
On the surface, this looks bad for marijuana. But the real story behind
that research wasn't found out until later.
The monkeys were strapped into chairs and gas masks and then were forced
to smoke the equivalent of "63 Colombian strength joints" in five minutes,
through the gas masks, losing no smoke. Obviously the monkeys couldn't
breathe any oxygen (otherwise known as suffocation).
The Heath report left out the huge amount of carbon monoxide the monkeys
were forced to inhale while smoking all of this pot. It is produced by
anything that is burning...a cigarette, a joint, a house. . .
Carbon Monoxide is the same shit that comes out of our exhaust pipes.
The reason why running your car in a closed garage will kill you after a
while. It kills brain cells dead (heh heh).
The monkeys weren't getting any oxygen, and 3-5 minutes of that alone
would kill brain cells. That, coupled with the Carbon monoxide they were
inhaling, makes it very obvious that the brain damage was caused by
suffocation and Carbon monoxide poisoning. Researchers consider the
implications of marijuana to be foolish and, to be blunt, wrong, because of
the other factors of this research left out of the report.
Grey Matter
Everyone has heard of the "grey matter" (the most recent term I've heard
applied to it) that gunks up your system after you smoke a joint. This is
the same stuff that the urinalysis tests can discover up to a month after
you get high...The "grey matter" is actually THC metabolites, and they do
indeed stay in the body that long...
However, contrary to reports of how bad this "grey matter" is, the active
ingredients in THC are used up in the first two passes through the liver.
The remaining metabolites are inert and attach to fatty deposits so your
body can get rid of them later. This is a perfectly natural thing for
metabolic "leftovers" to do.
Lung Damage
I will say up front that any hot smoke you are breathing into your lungs
is bad for your lungs...That should be obvious even to the most ignorant of
people. And, I will also admit that smoking marijuana is more damaging to
your lungs than tobacco smoke.
When you are smoking the leaves.
That's right, the leaves. Except in desperate times, most people smoke
the buds if there is any way possible.
The buds contain, at the most, 1/3 as many carcinogenic tars as tobacco.
And almost all of the carcinogens will be removed from the smoke by using a
water bong. This is something the government casually forgets to mention.
Even so, the hot smoke WILL hurt the lungs some, no matter what you're
smoking.
1 - A water bong cools the smoke
2 - A heavy pot smoker would smoke about 6 joints day.
3 - A tobacco smoker can smoke 20-60 cigarettes a day.
Smoking 6 joints with cooled down smoke is obviously not going to do
anywhere near as much damage to your lungs as 20-60 cigarettes will do.
Fetal Juice can attest to how bad an experience it is to use tobacco in a
bong, so that option is not open to tobacco smokers.
And, marijuana is also nowhere near as addictive as heroin...tobacco is.
Something else they neglect to mention is that one can eat marijuana and
get stoned with absolutely no damage what-so-ever...ever tried to eat
tobacco? I did once, and I can tell you it is not an experience you will
voluntarily repeat.
A Dr. Donald Tashkin of UCLA did a report in which he (in accordance with
others) stated that there has NEVER been a case of lung cancer caused by
smoking marijuana.
He compared the effects of marijuana and tobacco smoking on 29 areas of
the lungs. There was one and ONLY one area of them that was more irritated
by marijuana than by tobacco. The large air passageway. Marijuana is 15
times more irritant in that place only.
In all the other areas, marijuana smoke has either a neutral or a
positive effect. (The smoke dilates the smaller air passages allowing more
oxygen to be taken into your lungs)
Smoking anything will do damage in the form of pre-cancerous lesions.
These lesions are simply any tissue abnormality (abrasions, eruptions,
redness, etc). Those lesions caused by tobacco are radioactive, those
caused by marijuana are not. Those people who developed the lesions from
tobcco smoking usually develop lung cancer from them. None of the marijuana
smokers have.
Yes, the lesions caused by tobacco smoke are radioactive. Tobacco is
grown in soil which has been fertilized with radioactive materials. Studies
have shown that smoking 1.5 packs of tobacco a day for one year is the
same as having 300 chest X-rays using the older and slower X-ray film
without any lead protection.
Tobacco radiation remains active for 21.5 years.
There is no radiation in marijuana.
340,000 - 395,000 people die every year from tobacco use.
Noone has died from marijuana use in 8000 years.
You decide. Which is truly more dangerous to you?
(c)September 1990 Bloody Afterbirth/Toxic Shock
----------------------------------------------------------------------------
PDFA: SLICKLY PACKAGED LIES
-keyed by Bloody Afterbirth-
from The Emperor, p. 74
Another recent development has been the formation of the PDFA
(Partnership for a Drug Free America) by the Media PDFA, which primarily
in-kind funding from ad agencies and media groups. The PDFA makes available
(free of charge to all broadcast and print media) slick public service ads
directled primarily against marijuana.
In addition to releasing such meaningless drivel as an ad which shows a
skillet ("This is drugs." on which an egg is frying ("This is your brain on
drugs. Any questions?"), PDFA is not above lying outright in their ads.
In one ad, the wreckage of a train is shown. Now, everyone will agree
that no one should attempt to drive a train while high on marijuana. but a
man's voice says that anyone who tells you that "marijuana is harmless" is
lying, because his wife was killed in a train accident caused by marijuana.
This contradicts the direct sword testimony of the engineer responsible for
that disaster; that "this accident was not caused by marijuana." And it
deliberately ignores his admissions of drinking, snacking, watching TV,
generally failing to pay adequate attention to his job, and deliberately
jamming of the train's safety equipment prior to the accident.
In another ad, a sad looking couple is told that they cannot have
children because the husband used to smoke pot. This is a direct
contradiction both of clinical evidence developed in nearly a century of
cannabis studies and of the personal experiences of millions of Americans
who have smoked marijuana and borne perfectly healthy children.
And in yet another ad, the group was so arrogant in putting out lies that
it finally got into trouble. The ad showed two brain wave charts which it
said showed the brain waves of a 14-year-old "on marijuana."
Outraged, researcher Dr. Donald Blum from the UCLA neurological studies
center told KABC TV (Los Angeles) news November 2, 1989, that the chart
actually shows the brain waves of someone in a deep sleep - or in a coma.
He said that he and other researchers had previously complained to the
PDFA, and added that marijuana user's brain wave charts are much different
and have a well-known signature, due to years of research on the effects of
marijuana on the brain.
Even after this public refutation, it took the stations and PDFA weeks to
pull the spot, and no apology or retraction had yet been offered for the
deceit, as this edition of Emperor went to press.
Perhaps a more valid ad for the PDFA to produce and the networks to run
would show a skillet ("This is the PDFA.") and an egg frying ("These are the
facts.").
[BA:I think reversing the dialogue there would be more effective, showing
the PDFA getting fried in the facts. . . .]
(c)opied almost directly from The Emperor, p. 74
----------------------------------------------------------------------------
From: sulak@ge-dab.GE.COM (John Sulak)
Subject: Suggested Mandatory Drug War Test: Try it!
Organization: GE Simulation & Controls, Daytona Beach, FL
Here is a drug war test I'd like to see mandatory for all US high school
students to pass in order to get their diplomas. There are twelve multiple
choice questions and the answer is separated from the choices by only a
space bar if using a standard news reading program. Information regarding
the source of this test is provided at the end of the posting.
[BA:I moved the answers to the end of the questions]
1. Can American customs officers order you to disrobe and allow your body
to be invasively inspected as you arrive from an international flight -
without any evidence or even probable cause to believe you are smuggling
drugs?
A. Yes B. No
2. What is the largest cash crop in the state of Tennessee?
A. tobacco B. marijuana C. hay D. rye
3. American employers can now legally demand that you take a drug test by
urinating on command before a witness as a condition of keeping your
present job, even though they have no evidence you are a drug user.
A. True B. False
4. According to the US government, approximately how many times more
people died in this country from using alcohol and tobacco than from using
all illegal drugs combined.
A. 2 B. 10 C. 100 D. 1,000
5. According to the US government, the total number of children who died
from all forms of illegal drug overdoses in 1988 was
A. 10,000 B. 5,000 C. 50,000 D. 88
6. The chief administrative law judge of the Drug Enforcement
Administration stated in a 1988 legal decision that "marijuana is far
safer than many foods we commonly consume," that it "is one of the safest
therapeutically active substances known to mankind", and that it ought to
be made available as a medicine to Americans suffering from cancer and
sclerosis.
A. True B. False
7. If you, your parents, or other loved ones are dying from cancer, will
American drug officials allow your doctor to prescribe marijuana to curb
chemotherapy nausea or to prescribe heroin to ease pain and anxiety?
A. Yes B. No
8. If measured in cubic feet, the nation's annual demand for cocaine could
fit into
A. an oil tanker B. a cargo plane C. Iowa
9. In 1989, Washington, D.C. (population 622,000, where all drugs are
totally illegal) had 262 drug trade homicides while Amsterdam (population
670,000, where many drugs are decriminalized) had 11.
A. True B. False
10. Is it legal for the police to obtain a warrant to search every nook
and cranny of your home on the basis of a tip sent in by your neighbor in
an unsigned, anonymous letter?
A. not in America B. only on Sunday C. Yes
11. AIDS, the disease of this century and perhaps the plague of the next,
is spread more by sex than intravenous drug use.
A. True B. False
12. The rate of AIDS among the intravenous drug users in Liverpool,
England (where health authorities are encouraged to provide clean needles
to addicts) is believed to be 0.1%, while the comparable rate among the
addicts in New York City (where clean needles are illegal) is believed to
be 50%.
A. True B. False
--Answers--
1) A. yes
2) B. marijuana
3) A. true
4) C. 100
5) D. 88
6) A. true
7) B. no
8) B. a cargo plane
9) A. true
10) C. yes
11) B. false
12) A. true
These 12 questions and answers were sent to me via USPS along with a letter
seeking a donation to help the sender disseminate honest information to
the public about the emotional drug issue. No copyrights were indicated by
the sender and in my opinion, this posting is in the spirit of the sender's
intent to disseminate the information. The sender is:
Drug Policy Foundation
4801 Massachusetts Ave., N.W.
Washington, DC 20016
USA
voice: (202) 895-1634
fax: (202) 537-3007
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^ "How do I explain to clients that society believes buying a rock (of ^
^ cocaine) is three or four times as bad as raping a woman?" ^
^ Robert Jakovitch, Broward [FL] Assistant Public Defender ^
^ [from AP story 12 July 1990] ^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Standard Disclaimer: These may not be my opinions, my employer's opinions,
a devil's advocate's opinions, or anyone else's opinions. Are they opinions?
-----------------------------------------------------------------------------
----------------------------------------------------------------------------
SOURCE: HIGHTIMES October 1990 (#182)
YEAR TO PETITION
Keyed by Fetal Juice
Despite repeated mailings and telephone conversations, the editors of HIGH
TIMES have been unable to convince anyone in the media to investigate and
report on the potential of hemp, and the real reasons for marijuana's illegal
status, to the American public. This month, we're calling on YOU to help. If
every HIGH TIMES reader sends a letter and a copy of their favorite hemp story
to 60 Minutes, Nightline, 20/20 and the New York Times, we might see some
favorable coverage about marijuana in the news and on TV.
When sending out your letter to the media, don't copy this letter word
for word. Try to express your own feelings on the subject in a friendly way.
It's a good idea to send along a reprint of a HIGH TIMES article or other news
clipping, as proof of the hemp argument for legalization of marijuana.
REMEMBER: The news media is starting to pick up on this information. If
you send a letter, it will have a positive effect on the future of
legalization.
How to address the mass media:
60 Minutes
CBS News
Story Editor
524 West 57th Street
New York, NY 10019
Nightline
ABC-TV
47 West 66th Street
New York, NY 10023
NBC News
Assignment Desk
30 Rockefeller Plaza
New York, NY 10112
20/20
ABC-TV
157 Columbus Avenue
New York, NY 10023
The New York Times
Editorial Department
229 West 43rd Street
New York, NY 10036
Dir Sir or Madam,
I have recently become aware that "marijuana" is actually called "hemp" and,
according to a film made by the United States Goverment of Agriculture called
"Hemp for Victory," the plant is a valuable natural resource. The goverment
encouraged farmers to grow marijuana/hemp for important military supplies in
World War II - just a few years after marijuana was made illegal. According
to this film, the "covered wagons" that helped our pioneer ancestors settle
the west were covered with marijuana! Other articles I have read present
other incredible uses for hemp: fuel oil, food, clothing, paper,
medicine--even cellophane!
How is it that our government could make a film about the importance of
hemp to the war effort, show farmers how to cultivate it, and then forty years
later start a war aimed at those who grow it? If George Washington, the
Father of Our Country, were alive today, he'd be thrown in jail, have his
possessions taken away, and lose all of his rights. Washington grew acres and
acres of marijuana. The same goes for Thomas Jefferson and Benjamin Franklin.
Gatewood Galbraith, who's running for Governor of Kentucky, has claimed
that the oil companies pressured the goverment to make marijuana illegal so
hemp-farmers would be unable to compete with the petrochemical industry.
Since over 300,000 people are arrested for growing or possessing hemp every
year, isn't this an important story?
Please investigate this and let the people learn the truth. Thank you.
Yours truly,
(SIGN YOUR NAME HERE)
----------------------------------------------------------------------------
Year To Petition
-Bloody Afterbirth-
from HIGH TIMES #177, May 1990
#@&!^$%*!&#@^%$*&^#@!%$*&^#@!%$*&^#@!%$*&@!^#%$*&@!^#%$
Join the Year To Petition and help legalize cannabis for food, fuel and
fiber. Send a copy of this letter to your national representatives in
Washington.
Dear ............:
As a registered voter, I'd like to express my strong disapproval of the
continued prohibition of marijuana. The legalization of marijuana would
provide great economical and ecological benefits. Hemp is the best natural
source of fuel, fiber, paper, and clothing.
In over 8,000 years, no one has ever died from marijuana, yet we have over
400,000 deaths every year attributed to alcohol or tobacco. Meanwhile,
there are thousands of sick people who are denied access to the most
effective medicine for their ailments, just because that medicine happens to
be marijuana.
Surely we can find a better use for the billions of dollars spent pursuing
and eradicating this useful plant. Thank you for your time.
your name here
How to address your elected officials:
That Bush guy
The President .
The White House .
Washington, DC 20500
Dear President Bush:
US Senator .
The Honorable..... .
United States Senate
Washington, DC 20510
Dear Senator.......:
US Representative .
The Honorable..... .
House of Representatives
Washington, DC 20515 .
Dear Representative....:
Congressional Switchboard - 202.224.3121
Public Offices Info (open 8:30 - 3pm, M-F) 612.370.3333
______________________________________________________________________________
The Toxic Shock Counterculture Encyclopedia
Installment One
by Gross Genitalia
This is by no means a complete volume, and no attempts are made to make it so.
In today's world the United States Government seems to want all efforts made
to win the war on drugs. While they really aren't, relatively speaking, doing
shit about it, can anyone say that they WILL win? Shit. With the awareness
that (most) people of today have, and the severity of the "problem," it isn't
likely that the war on drugs will be won on either side. While the majority
will sit around and fuck with this stupid and senseless war, the rest will
take a more intelligable approach to it and say fuck the whole thing and keep
right on going as usual.
First of all, marijuana legalization is becoming more and more a key issue.
True, a large portion of the mary jane movement is fought for the sole purpose
of getting legal rights for people to grow their own dope safely, the more
intelligent of us want it legalized for different purposes (while free dope
would be quite nice indeed). Such purposes seem to include "reversal" of the
greenhouse effect, use of hemp fibers for methanol production, paper, and
clothing, and for the magickal and ritual uses and purposes of marijuana
moreover than just getting high and having a really good time.
The problem is posed that if marijuana becomes legal that the rest of the drug
movement will come forward wanting all drugs legal. All users will want
"their" drug legalized, whether it be cocaine, heroin, meth, or LSD. Would it
be feasable to have users take classes on their drug? Classes could be
mandatory, in the process creating jobs and revenue, and instruct users on the
potential effects and side-effects of the drug and provide them with
statistics and vital facts before they are allowed to legally use the drug.
For those who become dependent on the drug, rehab programs could be offered to
those who want them, thereby creating even more jobs.
This encyclopedia is a "look" at the various aspects of different drugs and
the affects that drugs are placing on society. Information is provided from
myself, the works of the other Toxins, files from the recent to times past,
High Times, and other various sources which will be credited where credit is
due.
______________________________________________________________________________
The Counterculture Black Book
The following "black book" is composed of addresses and numbers of different
companies and people of interest to those who wish to acquire information and
material on various countercultural aspects. Whether these addresses/numbers
are still valid, or valid at all, is beyond me. Most of them are still
existent but some I have not checked out for legitimacy. Use your head when
contacting these or any other sources that one might find "risky." Please note
that prices listed might or might not be current.
----------
Marygin, an anagram of marijuana and gin (like, Eli Whitney), is a plastic
tumbler which acts like a cotton gin in separating your grass from the debris.
It doesn't pulverize the grass and is easily washable. Marygin is available
from:
P.O. Box 5827
Tuscon, Arizona 85703
Price: $5.00
----------
Edmund Scientific Company
555 Edscorp Building
Barrington, New Jersey 08007
Send for their free catalog. They sell many things useful to the mary jane
grower, including pH soil test kits, a soil thermometer, and an electric
thermostat greenhouse for starting plants, gro-lites, indoor sun bulbs, and a
natural growth regulator for the plants, all for very reasonable prices.
----------
"The Connoisseur's Handbook of Marijuana" by Bill Drake can be had for $3.95
from:
Straight Arrow Publishing
625 Third Street
San Francisco, CA
(no zip code available)
You can obtain pamphlets on grass, dope manufacture, etc. from the following
address:
Flash
P.O. Box 16098
San Francisco, CA 94116
Makes you wonder what the fags out there are REALLY up to.
----------
High Times
P.O. Box 410
Mt. Morris, IL 61054
Self-explanatory. A one year subscription is $29.95, and a two year
subscription is $54.95. If you have a credit card you may order by phone at
the following numbers:
800-435-0715 U.S. residents
800-892-0753 Illinois residents (no, IL is not in the U.S.!)
Also note that High Times sells HT wallets, t-shirts, calendars, books, etc.
----------
High Times Cultivator's Newsletter
211 E. 43rd St.
New York, New York 10017
A marijuana cultivation mazagine. Quarterly, $95/year.
----------
Loompanics Unlimited
P.O. Box 1197
Port Townsend, WA 98368
All kinds of shit imaginable and unimaginable in the way of books, huge
catalog for $3.00.
----------
Skyline Books
387 Pine Hill Rd.
Mill Valley, CA 94941
Ph: 415-381-5020
Counterculture, beat and drug literature.
----------
Twentieth Century Alchemist
P.O. Box 3684
Manhattan Beach, CA 90266
Good drug books and good prices.
----------
Dansco Halide
315 N. 105th St.
Seattle, WA 98133
Ph: 800-345-3398
206-784-9492
Indoor gardening supplies.
----------
Faunas Health
P.O. Box 1236
Lawrence, KS 66044-8236
Opium poppy seeds, mannitol, inositol, lactose, etc.
----------
FMRC
P.O. Box 8104
Pensacola, Florida 32505
Mushroom spores, cultures, and growing supplies
Catalog and spore print: $5.00.
----------
FS Book Co.
P.O. Box 417457
Sacramento, CA 95841-7457
Mushroom spores and discount books. Catalog: $2
----------
Magic Garden Herb Co.
P.O. Box 332
Fairfax, CA 94930
Herbs and seeds (e.g. kava kava, Hawaiian baby wood rose)
----------
20th Century Enterprises, Inc.
P.O. Box 84001
St. Petersburg, FL 33784-4001
Ph: 800-634-7455
Martial arts/self-defense supplies, stimulants
----------
Quick Trading Company
P.O. Box 477
San Francisco, CA 94101
Ph: 800-428-7825 Ext. 102
Numerous marijuana growing handbooks, assured confidentiality, many titles
from Ed Rosenthal and Mel Frank, also "The Emperor Wears No Clothes"
----------
Eden Press
11623 Slater "E"
Box 8410-TH
Fountain Valley, CA 92728
Underground books, free catalog, many books on fake ID's of all types,
clearing
bad credit, etc.
----------
Alternative Garden Supply, Inc.
Mail order sales:
297 N. Barrington Rd.
Streamwood, IL 60107
Ph: 800-444-2837
Minneapolis Area Store:
Ph: 800-444-2837 for details
Chicago Area Store:
Chicago Indoor Garden Supply
297 N. Barrington Rd.
Streamwood, IL 60107
Ph: 708-885-8282
Free catalog, homebrewing equipment, malt extracts, hops, yeast, grains, kits,
adjuncts, CO2 draft systems, books
----------
Light Manufacturing Company
1634 S.E. Brooklyn
Portland, OR 97202
Ph: 800-NOW-LITE
Grow questions: 503-231-1582
Complete indoor grow systems, separate purchases for customized systems, free
catalog available
----------
Red Eye Press
P.O. Box 65751
Los Angeles, CA 90065
Books, titles by Ed Rosenthal and Mel Frank
----------
Books by Phone
Box 522
Berkeley, CA 94701
Orders: 800-858-2665
Info: 415-548-2124
All kinds of underground books on drugs, privacy, ID, urine testing, etc.
Free 16-page catalog
----------
Rip Off Press, Inc.
P.O. Box 4686
Auburn, CA 95604
$1 gets you a one-year subscription to their far-out mail order catalog
(inside
U.S. only), XX rated Japanimation videos, other animations and live videos,
underground comix, graphics novels, Freak Brothers, etc.
----------
H.E.M.P. (Help End Marijuana Prohibition)
5632 Van Nuys Blvd., Suite 210
Van Nuys, CA 91401
"The Emperor Wears No Clothes" by Jack Herer, $12.95 + $2 postage/handling
====================
COUNTERCULTURE ORGANISATIONS:
Freedom Fighters
211 East 43rd St.
New York, New York 10017
For $15 membership, you get a card, a year subscription to their newsletter,
"Let Freedom Ring", invitations to pro-pot rallies, High Times parties, and
more. Make checks payable to Trans-High Corp.
----------
N.O.R.M.L.
2001 "S" Street NW, Suite 640
Washington, DC, 20009
Ph:202-483-5500
Membership is $25, although donations are accepted without having to be a
member. They have rallies, demonstrations, and such all over the country, and
they need your support.
----------
Gatewood Galbraith for Governor
163 West Short St.
Lexington, KY 40507
1-800-866-HEMP
Galbraith is running on a platform of hemp legalization as a way to improve
Kentucky's economy. While many growers fear that legalization will bring down
the price of the state's number one cash crop, Galbraith will not let this
happen. He is spreading the word that hemp is good for much more than just
marijuana. Also contact:
John Asbury, Chairman
Green Democrats of Kentucky
P.O. Box 670
McKee, KY 40447
----------
HEMP (Help End Marijuana Prohibition)
5632 Van Nuys Boulevard
Van Nuys, CA 91401
HEMP, headed by Jack Herer, put together Herer's recently-published edition
of "The Emperor Wears No Clothes." Herer has promoted the USDA film "Hemp for
Victory" tirelessly, through Hemp Tour Rallies, TV and radio talk shows.
----------
Save Our Constitution (SOC)
116 Floral
Mt. Clemens, MI 48043
A grassroots democracy-empowerment political action and lobbying organization
working to preserve our Bill of Rights freedoms, the environment and earth
peace. SOC spreads the word that the war on drugs is worse than drugs
themselves. A basic membership is $25.
----------
Libertarian Party
1528 Pennsylvania Avenue SE
Washington, DC 20003
Ph: 202-543-1988
Third largest political party in the U.S., opposes criminalization of drugs
====================
SEED SOURCES:
S.S.S.C. [Super Sativa Seed Club]
Postbus 1942
1000 BX
Amsterdam, Holland
Premium quality cannabis seeds. Enclose $1 bill for The Marijuana Seed
Catalog.
----------
The Novelty Seed Companies
For catalog, send SASE to:
Catalog
P.O. Box 386
Garberville, CA 95440
====================
OTHER MATERIALS:
The Black Bowl
210 Main St. Suite #160
Seal Beach, CA 90740
Black Opium Gum, "Black and sticky from our friends in the Far East"
----------
Noon Moon
6475 Pacific Coast Hwy. #219
Long Beach, CA 90803
Imported Yhuba Gold, "Legal now... but for how much longer????"
----------
Island Spore Co.
P.O. Box 8055
Honolulu, Hawaii 96830
Regular or Baby Hawaiian Woodrose seeds, poppy seeds, Kava Kava, more...
----------
Please notify us if you know of any corrections or have any additions.
______________________________________________________________________________
_
Mary Jane Growth
Almost any idiot knows how to grow good weed, I mean, after all, it *IS* a
weed. However, if you're growing indoors, and even outdoors, you won't get the
quality dope you deserve without a little special attention and you'll end up
with Merry Guano rather than Marijuana.
If you keep your butt in the clear, you can beat street prices, which rarely
fall below the last year's norm, by growing your own dope. This is not as
hard as some people will lead you to believe, and with homegrown dope you at
least KNOW what you're getting. The bad thing with buying from someone else is
that you don't know if you're getting shitty harsh dope, dope with so little
THC it wouldn't get a flea on a dog's ass high, or parsley and oregano. Now
you know you're getting the real thing and since this shit's your own, you can
take measures and treatments to get your dope to its best.
The grass will need quite a bit of light, probably a minimum of eight hours a
day. The plant will usually grow better outdoors in its natural environment
and will also require little attention.
You know what I mean by that; I'm not referring to watching your crop for
the pigs and neighbors who will probably be arresting/reporting you and
stealing your dope for their own use. You do need to take precautions if
growing an outdoor crop, of course and as a standard knowledge, and for this
reason the more sophisticated growers turn to the indoors. I have even heard
stories of people growing dope in barns to avoid the scare of having their
crop spotted aerially. Some people have been known to grow it in flowerpots,
under their houses in the rich dirt, and other ingenious methods to avoid
detection.
I ran across a file done by an anonymous author, without even a title, about
four years back on growing mary jane. It is an excellent file for the
beginning grower and will help even the most experienced growers. I would like
to give credit where credit is due, and have excerpted and revised information
from this informative file.
Some people begin their plants in indoor growing boxes and then transplant
them to an outdoor environment. However, it is advisable to start the plants
where they are to grow. This way there are no risks of shock of transplant to
kill some of the seedlings.
Prepare the soil by turning it over a few times. Add about a cup of hydrated
lime per square yard of soil and a little bit of a good water-soluable
nitrogen fertilizer. The soil should then be watered several times and left to
sit about a week.
The plants should be planted about three feet apart, as stacking them too
close will result in stunted plants. The plants will be needing water during
their growing season, but not a whole lot. Too much water around the roots
will rot the root system.
Weed will grow well in corn or hops, and these plants will provide some
camouflage. It will not grow well in rye, spinach, or pepperweed. Our friendly
Kentucky growers have always had a sizable advantage of course. Corn and
tobacco are widely grown crops in that state. Corn fields are abundant.
Intelligent growers seek to avoid having their crops being spotted by frequent
air checks (as are known to occur in Western Kentucky) and resort to clever
methods of raising their weed in tobacco barns.
Both male and female plants produce THC resin, however, the male is not as
strong as the female. Mary jane can reach a height of twenty feet and obtain
a diameter of 4 1/2 inches. Dear God, answer our prayers please.
The male dies in the 12th week of growing, and the female will live another
3 to 5 weeks. Female plants can weigh twice as much as males when they are
mature. The marijuana soil should compact when you squeeze it, but should also
break apart with a small amount of pressure and absorb water well. Turn loose
some worms in your soil. If they hang around, the soil is good. If not, change
it. Worms also help keep the soil loose.
Your seeds should be green, meaty, and healthy appearing. Drop a seed on a
hot frying pan. If it "cracks," your seeds are probably good for planting
purposes. You should soak the seeds in distilled water overnight before
planting. Be sure to plant in the ground 1/2" deep with the pointy end up.
Healthy seeds will sprout in about five days.
If you are growing in a room you should put tar paper on the floor and buy
sterilized bags of soil from a nursery. You will need about one cubic foot of
soil for each plant. Your plants will need about 150 ml of water per plant
per week, maybe a little more, and should get fresh air. However, this air
should contain NO tobacco smoke.
Your plants should have at least eight hours of light per day. As you increase
light, the plants grow faster and tend to show more females/less males.
Sixteen hours per day seems to be an ideal combination. Another idea is to
interrupt the night cycle with about one hour of light (pull out the Sears or
Radio Shack timer if you're using grow lights in a room or closet). The room
should be painted white or covered with aluminum foil to reflect the light.
For lighting, figure on 75 watts per plant or one plant per two feet of
fluorescent tube. Do not use "cool white" types. Your lights should be an
average of 20 inches from the plant and never closer than 14 inches. You might
choose to mount them on a rack and move them every few days as the plants
grow.
If you don't want seeds, just good dope, pick the males before they shed their
pollen. The female will use some of her resin to make the seeds. About three
to five weeks after the males are gone, the females will begin to wither and
die. This is the time to pick.
If you want seeds, let the male shed his pollen then pick him. Let the female
go another month and pick her.
To cure the plants, they must be dried. On large crops, you can construct a
drying box or drying room. You need a heat source which will make your space
130 degrees. The box/room must be ventilated to carry off the water
vapor-laden air and replace it with fresh.
A "quick cure" method is to cut the plant at the soil level and wrap it in a
cloth so as not to lose any leaves. Take out any seeds by hand and store them.
Place all the leaves on a cookie sheet or aluminum foil and put them in the
middle shelf of an oven, set on broil. In a few seconds, the leaves will smoke
and curl up. Stir them around and give another ten seconds before you take
them out.
You can use a sunlamp on the plants as they begin to develop flower stalks.
You can snip off the flower, right at the spot where it joins the plant, and
a new flower will form in a couple of weeks. This can be repeated two or three
times to get several times more flowers than usual.
The following plant problems tips were provided in the file I used. Always
check the overall environmental conditions prior to passing judgement - soil
around 7 pH or slightly less - plenty of water, light, fresh air, loose soil,
no water standing in pools.
SYMPTOM PROBABLE PROBLEM / CURE
------- -----------------------
Larger leaves turning yellow- Nitrogen deficiency - Add nitrate of
smaller leaves stil green. soda or organic fertilizer.
Older leaves will curl at edges, Phosphorous deficiency - Add
commercial
turn dark, possibly with a purple phosphate.
cast.
Mature leaves develop a yellowish Magnesium deficiency - Add commercial
cast to least veinal areas. fertilizer with a magnesium content.
Mature leaves turn yellow and then Potassium deficiency - Add muriate of
become spotted with edge areas potash.
turning dark gray.
Cracked stems, no healthy support Boron deficiency - Add any plant food
tissue. containing boron.
Small wrinkled leaves with Zoic deficiency - Add commercial plant
yellowish vein systems. food containing zinc.
Young leaves becoming deformed, Molybdenum deficiency - Use any plant
possibly yellowing. food with a bit of Molybdenum in it.
Good luck, safe and happy growing, mail me some...
Remember, we're all a Partnership for Free Drugs in America.
1990 Gross Genitalia and an Anonymous Author. Not used by permission but we've
got to feed the thirst for knowledge. Let's keep our rights and legalize hemp.
----------------------------------------------------------------------------
The Political Party Page
-Bloody Afterbirth-
!*@&#^$%!*@&#^$%!*@&#^$%!*@&#^$%!*@&#^$%!*@&#^$%!*@&#^$%!*@&#^$%!*@&#^$%
For the past several years, HIGH TIMES has advised readers to join NORML.
Although many of you did so, many failed to follow our advice out of
concerns about ending up on some mysterious "list." Still others complained
about NORML's lack of effectiveness.
Meanwhile, many readers have eagerly taken other advice presented in HIGH
TIMES. Then, when the DEA's Operation Green Merchant unlawfully seized
customer lists from garden stores, their names ended up on the very same
lists they so carefully avoided by NOT joining NORML. In an ironic twist of
fate, many of these same people have turned to NORML to aid their legal
defenses.
Operation Green Merchant was aimed at putting HIGH TIMES out of business
by destroying our advertising base. Our readers have thwarted their plans:
Your continued support has kept us in business. Instead, Green Merchant
alerted thousands of people to what a sham and a scam the war on drugs is.
As a result, dozens of organizations are forming to end the war. From now
on, the Political Party Page will keep you informed of who they are, what
they're accomplishing, and how you can help.
END DRUG CRIME is a new organization that believes prohibition has made
crack possible, that drug laws create crime, increase the danger of drug
use, make violent gangsters rich, dehumanize drug users, overcrowd jails,
and threaten our liberties. A New York State organization, END DRUG CRIME
is hoping to lobby state and local governments, affiliate with national
organizations with similar goals, and establish local chapters throughout
New York.
END DRUG CRIME
PO Box 1623
Albany, NY 12201
518.434.3279
The American Hemp Council (AHC) is a common meeting ground "to devise and
implement a program to re-legalize and regulate the use of hemp/marijuana."
American Hemp Council
POB 71093
Los Angeles, CA 90071-0093
The Florida Association for Intelligent Hemp Reform (FAIHR) is a new
organization dedicated to ending hemp prohibition. Its objective is the
distribution of credible and realistic educational material. FAIHR
publishes a newsletter and encourages letter-writing campaigns.
Florida Association for Intelligent Hemp Reform
5364 Ehrlich Road
Suite 223
Tampa, FL 33625
The No More Drug War Foundation members receive a newsletter (The American
Intelligencer), bumper stickers, and a stack of literature. They've created
chapters in Wyoming, Montana, Florida, Alabama, and Colorado. They
organized a "Paper Bad Protest" at the Colorado State Capitol, and are
running their own candidate for governer of Colorado, Robin Heid.
The No More Drug War Foundation
Box 18780
Denver, Colorado 80218
The California Marijuana Initiative/Yes on Marijuana Reform is trying to get
the following proposition on the ballot for a statewide referendum: "This
initiative will make null and void entirely and completely all and each
existing law prohibiting the use, cultivation, transporation or possession
of marihuanas, in any form, in the state of California."
California Marijuana Initiative '90
23342 Angeles Forest Hwy.
Palmdale, CA 93550
The International Anti-Prohibitionist League (IAL) is a political party based
in Europe, whose growing popularity could greatly affect US drug policy in
the years to come.
International Anti-Prohibitionist League
93, rue Belliard Bat REM.BUR.508
1040 Brussels, Belgium
or: c/o Marie Andre Bertrand
PO Box 6128
U of Montreal
Criminology Dept
Montreal, Quebec H3C 357
Drug Reform Coalition is a New York-based coalition of groups representing
concerns associated with drugs, such as AIDS, urban violence, and "safe"
drugs, aimed at changing drug policy.
Drug Reform Coalition
( 225 Lafayette St., Suite 911
New York, NY 10012
Save Our Constitution (SOC) is a grassroots democracy-empowerment political
action and lobbying organization working to preserve our Bill of Rights
freedoms, the environment and earth peace. They spread the belief that the
War on Drugs is worse than drugs themselves.
Save Our Constitution
PO Box 3079
Ann Arbor, MI 48106
313.746.9670
The most respectable and academic of the end-the-drug-war groups, the Drug
Policy Foundation has run conventions, published statistical surveys, and
awared $100,000 to Baltimore Mayor Kurt Schmoke. An outstanding source of
facts, history, and information.
Drug Policy Foundation
4801 Massachusetts Ave, NW
Suite 400
Washington, DC 20016
The PARTIE Party (People's Alliance to Reform Transform and Improve
Everything) is a new political party attempting to get on the ballot in
Michigan. It is pro-peace, pro-choice, and pro-environment.
PARTIE party
PO Box 3079
Ann Arbor, MI 48106
313.746.9670
Started by Steve Hager, editor of HIGH TIMES, the Freedom Fighters have
participated in legalization rallies, organized letter-writing campaigns,
and encouraged activism. Members receive ID cards, the Let Freedom Ring
newsletter, and much more.
The Freedom Fighters of America
211 East 43rd Street
New York, NY 10017
212.972.8484
Jack Herer, the head of HEMP (Help End Marijuana Prohibition) is well-known
to HIGH TIMES readers. The recently-published edition of The Emperor Wears
No Clothes was put together by HEMP, and Herer has promoted the USDA film
Hemp For Victory tirelessly, through Hemp Tour rallies, TV and radio talk
shows, and even stopping people on the street.
HEMP
5632 Van Nuys Boulevard
Van Nuys, CA 91401
The name says it all: Citizens Against Prohibition. CAP is a lobbying group
that seeks to end drug prohibition.
Citizens Against Prohibition
1825 I St. NW
Suite 400
Washington, DC 20006
202.429.6827
NORML (National Organization for Reform of Marijuana Laws) continues to be
in the forefront of the legalization movement. They set up a Green Merchant
Lawyer's Taskforce, appealed the case for medical marijuana in US Circuit
Court, have testified on behalf of legalization bills, helping with
legalization initiatives, backing political campaigns, and building
coalitions.
NORML
National Organization for Reform of Marijuana Laws
Washington, DC
202.483.5500
BACH (Business Alliance for Commercial Hemp) has samples of legal hemp for
sale, has information to help others develop non-smoking hemp enterprises,
and has established 14 different state chapters. They even managed to get
some favorable media converage of hemp's industrial uses published in the
Wall Street Journal.
BACH
Business Alliance for Commercial Hemp
PO Box 71093
Los Angeles, CA 90071-0093
BACH'S LIST OF LEGAL HEMP SUPPLIES
HEMP/COTTON CLOTHING
Stoned Wear/Joint Venture Hempery
107A-1093 W. Broadway
Vancouver, BC, Canada V6H 1E2
604.737.8539
*dealer inquiries welcome*
STERILIZED HEMP SEED
United Pacific Seed (Item No. 2030)
201 South Cactus Avenue
Rialto, CA 92376
714.874.5993
"Bulk orders only" (25 lbs. or more)
A PERSONAL MESSAGE FROM GATEWOOD GALBRAITH:
Recently, my campaign staff acquired hemp seed and processed hemp seed oil
and hemp seed cake. On April 24, 1990, I rode in a Volkswagen diesel pickup
truck with the inventor of a conversion unit allowing the vehicle to operate
on vegetable oil. We drove three miles on less than one pint of hemp seed
oil right here in Lexington, Kentucky. Hemp emissions at the tail-pipe were
negligible compared to diesel. Alas, American farmers can't supply this
wonderful commodity because of some reefer madness thing. Achieve a cleaner
environment by supporting my campaign. When you contribute, we'll send you
a sample of hemp seed oil in a polypropylene specimen bottle, complete with
a certificate and info on how my campaign can help your environment.
Gatewood Galbraith, profiled in the March 1990 issue of HIGH TIMES, is
running for Governer of Kentucky in 1991 on a platform of legalizing hemp as
a way to improve that state's economy. Galbraith's message is that hemp, or
marijuana, must be legalized for the benefit of Kentucky, whose economy once
relied on its hemp farming.
Gatewood Galbraith for Governer
163 West Short St.
Lexington, KY 40507
800.866.HEMP
----------------------------------------------------------------------------
101st Congress
2d Session
H.R. 4079
To provide swift and certain punishment for criminals in order to deter
violent crime and rid America of illegal drug use.
------------------------------------------------
IN THE HOUSE OF REPRESENTATIVES
February 22, 1990
Mr. Gingrich (for himself, Mr. Armey, Mr. Hunter, Mr. Smith of New
Hampshire, Mr. Hansen, Mr. Hiler, Mr. Ireland, Mr. Kyl, Mr. Barton of
Texas, Mr. McEwen, Mr. Bliley, Mr. Condit, Mr. Weldon, Mr. Fields, Mr.
Stearns, Mr. Schuette, Mr. Douglas, Mr. Livingston, Mr. Oxley, Ms.
Ros-Lehtinen, Mr. Hancock, Mr. Schaefer, Mr. Bartlett, Mr. Shumway, Mr.
Inhofe, Mr. Nielson of Utah, Mr. Donald Lukens, Mr. Paxon, Mr. Herger,
Mr. Robinson, Mr. Lagomarsino, Mr. Sensenbrenner, Mr. James, Mr. Upton,
Mr. Bilirakis, Mr. Ritter, Mr. Dornan of California, Mr. Baker, Mr.
DeLay, Mr. Hyde, Mr. Grandy, Mr. Hefley, Mr. Coughlin, Mr. Craig, Mr.
Shaw, Mr. Dreier of California, Mr. Solomon, and Mr. McCollum)
introduce the following bill; which was referred jointly to the
Committees on the Judiciary, Energy and Commerce, Public Works and
Transportation, Education and Labor, and Armed Services
------------------------------------------------
A BILL
To provide swift and certain punishment for criminals in order to deter
violent crime and rid America of illegal drug use.
_Be it enacted by the Senate and the House of Representatives of the
United States of America in Congress assembled,_
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Drug and Crime Emergency Act".
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and declaration of a national drug and crime
emergency.
Sec. 4. Definitions.
TITLE I--ELIMINATION OF CRIME WITHOUT PUNISHMENT
Subtitle A--National Drug and Crime Emergency Policies
Sec. 101. Judicial remedies for prison crowding.
Sec. 102. Temporary prison facilities and expanded capacity.
Sec. 103. Elimination of early release from prison.
Subtitle B--Imposition of Mandatory Minimum Sentences Without Release
Sec. 111. Increased mandatory minimum sentences without release for
criminals using firearms and other violent criminals.
Sec. 112. Life imprisonment without release for criminals convicted a
third time.
Sec. 113. Longer prison sentences for those who sell illegal drugs to
minors or for use of minors in drug trafficking activities.
Sec. 114. Longer prison sentences for drug trafficking.
Sec. 115. Mandatory penalties for illegal drug use in Federal prisons.
Sec. 116. Deportation of criminal aliens.
Sec. 117. Encouragement to States to adopt mandatory minimum prison
sentences.
Subtitle C--Mandatory Work Requirements for Prisoners, Withholding
Federal Benefits, and Drug Testing of Prisoners
Sec. 131. Mandatory work requirement for all prisoners.
Sec. 132. Repeal of constraints on prison industries.
Sec. 133. Employment of prisoners.
Sec. 134. Withholding prisoners' Federal benefits to offset
incarceration costs.
Sec. 135. Drug testing of Federal prisoners.
Sec. 136. Drug testing of State prisoners.
Subtitle D--Judicial Reform To Protect the Innocent and Punish the
Guilty
Sec. 151. Good faith standards for gathering evidence.
Sec. 152. Strom Thurmond habeas corpus reform initiative.
Sec. 153. Proscription of use of drug profits.
Sec. 154. Jurisdiction of special masters.
Sec. 155. Sentencing patterns of Federal judges.
TITLE II--ACHIEVING A DRUG-FREE AMERICA BY 1995
Sec. 201. Findings.
Sec. 202. Payment of trial costs and mandatory minimum fines.
Sec. 203. Withholding of unearned Federal benefits from drug
traffickers and users who are not in prison.
Sec. 204. Revocation of drug users' driver's licenses.
Sec. 205. Accountability and performance of drug treatment facilities.
Sec. 206. Drug-free schools.
Sec. 207. Drug-free transportation.
Sec. 208. Financial incentives and citizen involvement in the war
against drugs.
TITLE III--MISCELLANEOUS
Sec. 301. Authorization of appropriations.
Sec. 302. Severability.
SEC. 3. FINDINGS AND DECLARATION OF NATIONAL DRUG AND CRIME EMERGENCY.
(a) FINDINGS.--The Congress makes the following findings:
(1) Next to preserving the national security, protecting the
personal security of individual Americans, especially
children, by enacting and enforcing laws against criminal
behavior is the most important single function of government.
(2) The criminal justice system in America is failing to
achieve this basic objective of protecting the innocent and
punishing the guilty.
(3) Reform is needed to ensure that criminals are held
accountable for their actions, that they receive swift and
certain punishment commensurate with their crimes, and that
the protection of innocent citizens takes priority over other
objectives.
(4) The principle of individual accountability should also
dictate policies with respect to drug users. Users should
face a high probability of apprehension and prosecution, and
those found guilty should face absolutely certain measured
response penalties.
(5) According to the Uniform Crime Reports issued in 1989 by
the Federal Bureau of Investigation (FBI), violent crime
known to law enforcement reached an unprecedented high in
1988. A violent crime occurred ever 20 seconds.
(6) The Department of Justice estimates that 83 percent of
Americans will be victimized by violent crime during their
lifetime.
(7) The Federal Bureau of Investigation reports that violent
crime in America rose by 23 percent during the period
1984-1988.
(8) The National Drug Control Strategy reports that in
certain large cities more than 80 percent of the men arrested
have tested positive for illegal drug use.
(9) According to the Department of Justice, the total number
of Federal and State prisoners grew by 90 percent from 1980
to 1988. The growth rate of the total prison population
during the first 6 months of 1989 exceeded the largest annual
increase ever recorded in 64 years of recordkeeping. The
6-month growth rate translates to a need of almost 1,800
additional prison beds per week.
(10) In 1985, 19 States reported the early release of nearly
19,000 prisoners in an effort to control prison populations,
according to the Bureau of Justice Statistics.
(11) According to the United States Bureau of Justice
Statistics, 63 percent of State inmates were rearrested for a
serious crime within 3 years of their discharge from prison.
(12) The criminal justice system is overloaded and does not
deliver swift and certain penalties for violating the law.
In America today, there exists crime without punishment.
Such conditions imperil the public safety, jeopardize the
rule of law and undermine the preservation of order in the
community.
(b) DECLARATION OF NATIONAL DRUG AND CRIME EMERGENCY.--(1) Guided by
the principles that energized and sustained the mobilization
for World War II, and in order to remove violent criminals
from the streets and meet the extraordinary threat that is
posed to the Nation by the use and trafficking of illegal
drugs, the Congress declares the existence of a National Drug
and Crime Emergency beginning on the date of enactment of
this Act and ending on the date that is 5 years after the
date of enactment of this Act.
(2) During the National Drug and Crime Emergency declared in
paragraph (1), it shall be the policy of the United States
that--
(A) every person who is convicted in a Federal
court of a crime of violence against a person or a
drug trafficking felony (other than simple
possession) shall be sentenced to and shall serve a
full term of no less than 5 years' imprisonment
without release;
(B) prisoners may be housed in tents, and other
temporary facilities may be utilized, consistent
with security requirements; and
(C) the Federal courts may limit or place a "cap"
on the inmate population level of a Federal or
State prison or jail only when an inmate proves
that crowding has resulted in cruel and unusual
punishment of the plaintiff inmate and no other
remedy exists.
SEC. 4. DEFINITIONS.
For the purposes of this Act--
(1) the term "crime of violence against a person" means a
Federal offense that is a felony and--
(A) has as an element the use, attempted use, or
threatened use of physical force against the person
or property of another; or
(B) that by its nature, involves a substantial risk
that physical force against the person or property
of another may be used in the course of committing
the offense; and
(C) for which a maximum term of imprisonment of 10
years or more is prescribed by law; and
(2) the term "drug trafficking crime," (other than simple
possession) means any felony punishable under the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.) or
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et
seq.), other than a felony constituting a simple possession
of a controlled substance for which the maximum term of
imprisonment of 10 years or more is prescribed by law.
TITLE I--ELIMINATION OF CRIME WITHOUT PUNISHMENT
Subtitle A--National Drug and Crime Emergency Policies
SEC. 101. JUDICIAL REMEDIES FOR PRISON CROWDING.
(a) PURPOSE.--The purpose of this section is to provide for reasonable
and proper enforcement of the eighth amendment.
(b) FINDINGS.--The Congress finds that--
(1) the Federal courts are unreasonably endangering the
community by sweeping prison and jail cap orders as a remedy
for detention conditions that they hold are in conflict with
the eighth amendment; and
(2) eighth amendment holdings frequently are unjustified
because of the absence of a plaintiff inmate who has proven
that detention conditions inflict cruel and unusual
punishment of that inmate.
(c) AMENDMENT OF TITLE 18, UNITED STATES CODE.--(1) Subchapter C of
chapter 229 of part 2 of title 18, United States Code, is
amended by adding at the end thereof the following new
section:
"Section 3626. Appropriate remedies with respect
to prison crowding.
"(a)(1) During the period of the National Drug and
Crime Emergency, a Federal court shall not hold
prison or jail crowding unconstitutional under the
eighth amendment except to the extent that an
individual plaintiff proves that the crowding
causes the infliction of cruel and unusual
punishment of that inmate.
"(2) The relief in a case described in paragraph
(1) shall extend no further than necessary to
remove the conditions that are causing the cruel
and unusual punishment of the plaintiff inmate.
"(b)(1) A Federal court shall not place an inmate
ceiling on any Federal, State, or local detention
facility as an equitable remedial measure for
conditions that violate the eighth amendment unless
crowding itself is inflicting cruel and unusual
punishment on individual prisoners.
"(2) Federal judicial power to issue equitable
relief other than that described in paragraph (1),
including the requirement of improved medical or
health care and the imposition of civil contempt
fines or damages, where appropriate, shall not be
affected by paragraph (1).
"(c) Each Federal court order seeking to remedy an
eighth amendment violation shall be reopened at the
behest of a defendant for recommended alteration at
a minimum of two-year intervals.".
(2) Section 3626 of title 18, United States Code, as added by
paragraph (1), shall apply to all outstanding court orders on
the date of enactment of this section. Any State or
municipality shall be entitled to seek modification of any
outstanding eighth amendment decree pursuant to that section.
(3) The table of sections for subchapter C of chapter 229 of
title 18, United States Code, is amended by adding at the end
thereof the following new item:
"3626. Appropriate remedies with respect to prison
overcrowding.".
SEC. 102. TEMPORARY PRISON FACILITIES AND EXPANDED CAPACITY.
(a) IN GENERAL.--In order to remove violent criminals from the streets
and protect the public safety, the Attorney General shall take such
action as may be necessary, subject to appropriate security
considerations, to ensure that sufficient facilities exist to house
individuals whom the courts have ordered incarcerated. During the
period of the National Drug and Crime Emergency, these facilities may
include tent housing or other shelters placed on available military
bases and at other suitable locations. The President may direct the
National Guard and the Army Corps of Engineers to design and construct
such temporary detention facilities.
(b) USE OF MILITARY INSTALLATIONS.--(1)In order to provide facilities
for incarceration authorized by subsection (a), the Secretary
of Defense, the Commission on Alternative Utilization of
Military Facilities, and the Director of the Bureau of
Prisons shall--
(A) identify military installations that could be
used as confinement facilities for Federal or State
prisoners; and
(B) examine the feasibility of using temporary
facilities for housing prisoners with a specific
examination of the successful use of tent housing
during the mobilization for World War II.
(2) Not later than 90 days after the date of enactment of
this Act, the Director of the Bureau of Prisoners shall
submit to the Congress a description and summary of the
results of the examination conducted pursuant to paragraph
(1).
(c) PRIORITY FOR DISPOSAL OF CLOSED MILITARY INSTALLATIONS.--Section
204(b)(3) of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note) is amended to read as follows:
"(3)(A) Notwithstanding any provision of this title and any
other law, before any action is taken with respect to the
disposal or transfer of any real property or facility located
at a military installation to be closed or realigned under
this title the Secretary shall--
"(i) notify the Attorney General and the Governor
of each of the territories and possessions of the
United States of the availability of such real
property or facility, or portion thereof; and
"(ii) transfer such real property of facility or
portion thereof, as provided in subparagraph (B).
"(B) Subject to subparagraph (C), the Secretary shall
transfer real property or a facility, or portion thereof,
referred to in subparagraph (A) in accordance with the
following priorities:
"(i) If the Attorney General certifies to the
Secretary that the property or facility, or portion
thereof, will be used as a prison or other
correctional institution, to the Department of
Justice for such use.
"(ii) If the Governor of a State, the Mayor of the
District of Columbia, or the Governor of a
territory or possession of the United States
certifies to the Secretary that the property or
facility, or portion thereof, will be used as a
prison or other correctional institution, to that
State, the District of Columbia, or that territory
or possession for such use.
"(iii) To any other transferee pursuant to the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
"(C) Within each priority specified in clauses (i) and (ii)
of subparagraph (B), the Secretary shall give a priority for
the transfer of any real property or facility referred to in
that subparagraph, or any portion thereof, to any department,
agency, or other instrumentality referred to in such clauses
that agrees to pay the Department of Defense the fair market
value of the real property, facility, or portion thereof.
"(D) In this paragraph, the term 'fair market value' means,
with respect to any real property or facility, or any portion
thereof, the fair market value determined on the basis of the
use of the real property or facility on December 31, 1988.".
(d) REVIEW OF CURRENT STANDARDS OF PRISON CONSTRUCTION.--(1) The
Director of the Bureau of Prisons (referred to as the
"Director") shall--
(A) review current construction standards and
methods used in building Federal prisons; and
(B) examine and recommend any cost cutting measures
that could be employed in prison construction
(consistent with security requirements), especially
expenditures for air conditioning, recreational
activities, color television, social services, and
similar amenities.
(2) Not later than 90 days after the date of enactment of
this Act, the Director shall submit to Congress a description
and summary of the results of the review conducted pursuant
to paragraph (1).
(e)(1) Chapter 301 of title 18, United States Code, is amended by
adding at the end thereof the following new section:
"Section 4014. Private construct and operation of
Federal prisons
"(a) IN GENERAL.--The Attorney General may contract
with private persons to--
"(1) construct, own, and operate Federal
prison facilities; or
"(2) construct or operate Federal prison
facilities owned by the United States,
including the provision of subsistence, care, and
proper employment of United States prisoners.
"(b) COOPERATION WITH STATES.--The Attorney General
shall consult and cooperate with State and local
governments in exercising the authority provided by
subsection (a).
"(c) FINANCING OPTIONS FOR PRISON CONSTRUCTION AND
OPERATION.--(1) To the greatest extent possible,
the Attorney General shall utilize
creative and cost-effective private
financing alternatives and private
construction and operation of prisons.
"(2) Operating cots of privately-operated
prisons shall be covered through rent
charged to participating units of
Government placing inmates in a prison.
"(3) The Attorney General may finance the
construction of facilities through lease
or lease-purchase agreements.
"(4) In order to gain full costs
advantages from economies of scale and
specialized knowledge from private
innovation, the Attorney General may
contract with consortia or teams of
private firms to design, construct, and
manage, as well as finance, prison
facilities.".
(2) The table of sections for chapter 301 of title 18, United
States Code, is amended by adding at the end thereof the
following new item:
"4014. Private construct and operation of Federal
prisons.".
(f) SURPLUS FEDERAL PROPERTY.--(1) For the purpose of expanding the
number of correctional facilities, the Administrator of the
General Services Administration, in consultation with the
Attorney General, shall, not later than 1 year after the date
of enactment of this Act, identify and make available a list
of not less than 20 parcels of surplus Federal property,
which the Attorney General has certified are not needed for
Federal correctional facilities but which may be suitable for
State or local correctional facilities.
(2) During the National Drug and Crime Emergency declared in
section 3(b)(1), notwithstanding any other law, any property
that is determined to be excess to the needs of a Federal
agency that may be suitable for use as a correctional
facility shall be made available for such use, in order of
priority, first, to the Attorney General, and second, to a
State, the District of Columbia, or a local government.
(g) STATE AND LOCAL GOVERNMENT USE OF FACILITIES.--State and local
governments shall be permitted to use Federal temporary incarceration
facilities, when they are not needed to accommodate Federal prisoners,
for the purpose of incarcerating prisoners at a per diem fee to be paid
to the Bureau of Prisons.
SEC. 103. ELIMINATION OF EARLY RELEASE FROM PRISON.
During the National Drug and Crime Emergency declared in section
3(b)(1), notwithstanding any other law, every person who is convicted
in a Federal court of committing a crime of violence against a person
or a drug trafficking crime (other than simple possession), shall be
sentenced to and shall serve a full term of no less than 5 years'
imprisonment, and no such person shall be released from custody for any
reason or for any period of time prior to completion of the sentence
imposed by the court unless the sentence imposed is greater than 5
years and is not a mandatory minimum sentence without release.
Subtitle B--Imposition of Mandatory Minimum Sentences Without Release
SEC. 111. INCREASED MANDATORY MINIMUM SENTENCES WITHOUT RELEASE FOR
CRIMINALS USING FIREARMS AND OTHER VIOLENT CRIMINALS.
(a) USE OF FIREARMS.--Section 924(c)(1) of title 18, United States
Code, is amended to read as follows:
"(c)(1) Whoever, during and in relation to any crime of
violence or drug trafficking crime (including a crime of
violence or drug trafficking crime which provides for an
enhanced punishment if committed by the use of a deadly or
dangerous weapon or device) for which the person may be
prosecuted in a court of the United States--
"(A) possesses a firearm, shall, in addition to the
punishment provided for such crime of violence or
drug trafficking crime, be sentenced to
imprisonment for 10 years without release;
"(B) discharges a firearm with intent to injure
another person, shall, in addition to the
punishment provided for such crime of violence or
drug trafficking crime, be sentenced to
imprisonment for 20 years without release; or
"(C) possesses a firearm that is a machinegun, or
is equipped with a firearm silencer or firearm
muffler shall, in addition to the punishment
provided for such crime of violence or drug
trafficking crime, be sentenced to imprisonment for
30 years without release.
In the case of a second conviction under this subsection, a
person shall be sentenced to imprisonment for 20 years
without release for possession or 30 years without release
for discharge of a firearm, and if the firearm is a
machinegun, or is equipped with a firearm silence or firearm
muffler, to life imprisonment without release. In the case of
a third or subsequent conviction under this subsection, a
person shall be sentenced to life imprisonment without
release. If the death of a person results from the discharge
of a firearm, with intent to kill another person, by a person
during the commission of such a crime, the person who
discharged the firearm shall be sentenced to death or life
imprisonment without release. A person shall be subjected to
the penalty of death under this subsection only if a hearing
is held in accordance with section 408 of the Controlled
Substances Act (21 U.S.C. 848). Notwithstanding any other
law, a court shall not place on probation or suspend the
sentence of any person convicted of a violation of this
subsection, nor shall the term of imprisonment under this
subsection run concurrently with any other term of
imprisonment including that imposed for the crime of violence
or drug trafficking crime in which the firearm was used. No
person sentenced under this subsection shall be eligible for
parole, nor shall such person be released for any reason
whatsoever, during a term of imprisonment imposed under this
paragraph.".
SEC. 112. LIFE IMPRISONMENT WITHOUT RELEASE FOR CRIMINALS CONVICTED A
THIRD TIME.
Section 401(b) of the Controlled Substances Act is amended by striking
"If any person commits a violation of this subparagraph or of section
405, 405A, or 405B after two or more prior convictions for a felony
drug offense have become final, such person shall be sentenced to a
mandatory term of life imprisonment without release" and inserting "If
any person commits a violation of this subparagraph or of section 405,
405A, or 405B or a crime of violence as defined in section 924(c)(3) of
title 18, United States Code, after two or more prior convictions for a
felony drug offense or for a crime of violence as defined in section
924(c)(3) of that title or for any combination thereof have become
final, such person shall be sentenced to a mandatory term of life
imprisonment without release.".
SEC. 113. LONGER PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL DRUGS TO
MINORS OR FOR USE OF MINORS IN DRUG TRAFFICKING ACTIVITIES.
(a) DISTRIBUTION TO PERSONS UNDER AGE 21.--Section 405 of the
Controlled Substances Act (21 U.S.C. 845) is amended--
(1) in subsection (a) by striking "Except to the extent a
greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than one year." and inserting "Except to the extent
a greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than 10 years without release. Notwithstanding any
other provision of law, the court shall not place on
probation or suspend the sentence of any person sentenced
under the preceding sentence and such person shall not be
released during the term of such sentence."; and
(2) in subsection (b) by striking "Except to the extent a
greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than one year." and inserting "Except to the extent
a greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than 20 years without release. Notwithstanding any
other provision of law, the court shall not place on
probation or suspend the sentence of any person sentenced
under the preceding sentence and such person shall not be
released during the term of such sentence.".
(b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF AGE.--Section 405B of the
Controlled Substances Act (21 U.S.C. 845b) is amended--
(1) in subsection (a) by striking "Except to the extent a
greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall be not less than one
year." and inserting "Except to the extent a greater minimum
sentence is otherwise provided by section 401(b), a term of
imprisonment under this subsection shall be not less than 10
years without release. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person sentenced under the preceding sentence
and such person shall not be released during the term of such
sentence"; and
(2) in subsection (c) by striking "Except to the extent a
greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall be not less than one
year." and inserting "Except to the extent a greater minimum
sentence is otherwise provided by section 401(b), a term of
imprisonment under this subsection shall be not less than 20
years without release. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person sentenced under the preceding sentence
and such person shall not be released during the term of such
sentence.".
SEC. 114. LONGER PRISON SENTENCES FOR DRUG TRAFFICKING.
(a) SCHEDULE I AND II SUBSTANCES.--Section 401(b)(1)(C) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(C)) is amended--
(1) in the first sentence by striking "of not more than 20
years" and inserting "which shall be not less than 5 years
without release nor more than 20 years"; and
(2) in the second sentence by striking "of not more than 30
years" and inserting "which shall be not less than 10 years
without release nor more than 30 years".
(b) MARIHUANA.--Section 401(b)(1)(D) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(D)) is amended--
(1) in the first sentence by striking "of not more than 5
years" and inserting "not less than 5 years without release";
(2) in the second sentence by striking "of not more than 10
years" and inserting "which shall be not less than 10 years
without release"; and
(3) by adding the following new sentence at the end thereof:
"Not withstanding any other provision of law, the court shall
not place on probation or suspend the sentence of any person
sentenced under this subparagraph, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.".
(c) SCHEDULE IV SUBSTANCES.--Section 401(b)(2) of the Controlled
Substances Act (21 U.S.C. 841(b)(2)) is amended--
(1) in the first sentence by striking "of not more than 3
years" and inserting "which shall be not less than 5 years
without release";
(2) in the second sentence by striking "of not more than 6
years" and inserting "which shall be not less than 10 years
without release"; and
(3) by adding the following new sentence at the end thereof:
"Notwithstanding any other provision of law, the court shall
not place on probation or suspend the sentence of any person
sentenced under this subparagraph, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.".
(d) SCHEDULE V SUBSTANCES.--Section 401(b)(3) of the Controlled
Substances Act (21 U.S.C. 841(b)(3)) is amended--
(1) in the first sentence by striking "of not more than one
year" and inserting "which shall be not less than 5 years
without release";
(2) in the second sentence by striking "of not more than 2
years" and inserting "which shall be not less than 10 years
without release"; and
(3) by adding the following new sentence at the end thereof:
"Notwithstanding any other provision of law, the court shall
not place on probation or suspend the sentence of any person
sentenced under this subparagraph, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.".
SEC. 115. MANDATORY PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS.
(a) DECLARATION OF POLICY.--It is the policy of the Federal Government
that the use or distribution of illegal drugs in the Nation's Federal
prisons will not be tolerated and that such crime shall be prosecuted
to the fullest extent of the law.
(b) AMENDMENT.--Section 401(b) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended by adding the following new paragraph and the
end thereof:
"(7)(A) In a case involving possession of a controlled
substance within a Federal prison or other Federal detention
facility, such person shall be sentenced to a term of
imprisonment of 1 year without release in addition to any
other sentence imposed for the possession itself.
"(B) In a case involving the smuggling of a controlled
substance into a Federal prison or other Federal detention
facility or the distribution of a controlled substance within
a Federal prison or other Federal detention facility, such
person shall be sentenced to a term of imprisonment of 10
years without release in addition to any other sentence
imposed for the possession or distribution itself.
"(C) Notwithstanding any other law, the court shall not place
on probation or suspend the sentence of a person sentenced
under this paragraph. No person sentenced under this
paragraph shall be eligible for parole during the term of
imprisonment imposed under this paragraph.".
SEC. 116. DEPORTATION OF CRIMINAL ALIENS.
(a) DEPORTATION OF ALIENS CONVICTED OF CRIMES OF VIOLENCE.--Section
241(a)(14) of the Immigration and Nationality Act (8 U.S.C.
1251(a)(14)) is amended by inserting after "convicted" the following:
"of a drug trafficking crime or a crime of violence (as those terms are
defined in paragraphs (2) and (3) of section 924(c) of title 18, United
States Code), or".
(b) REENTRY OF DEPORTED ALIENS.--Section 276(b)(2) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)(2)) is amended to read as
follows:
"(2) whose deportation was subsequent to a conviction for a
drug trafficking crime or a crime of violence (as those terms
are defined in sections 924(c) (2) and (3) of title 18,
United States Code), such alien shall be fined under such
title and imprisoned for 20 years without release, and in the
case of a second violation of subsection (a) shall be
imprisoned for life without release. Notwithstanding any
other law, the court shall not place on probation or suspend
the sentence of any person sentenced under this paragraph and
such person shall not be released during the term of such
sentence.".
SEC. 117 ENCOURAGEMENT TO STATES TO ADOPT MANDATORY MINIMUM PRISON
SENTENCES.
(a) PRIORITY.--Beginning on the date that is 2 calendar years after the
date of enactment of this Act, a request for Federal drug law
enforcement assistance funds from the Bureau of Justice Assistance
Grant Programs by a State whose law provides for--
(1) mandatory minimum sentences equal to or greater than the
sentences authorized in sections 111, 112, 113, 114, and 115
for the commission of crimes against the State that are
equivalent to the Federal crimes punished in those sections;
(2) elimination of early release from prison of persons
convicted in a State court of committing a crime of violence
against a person or drug trafficking crime (other than simple
possession), equivalent to the requirements of section 103;
and
(3) payment of trial costs and mandatory fines equivalent to
that imposed by section 202,
shall receive priority over a request by a State whose law does not so
provide.
(b) REDISTRIBUTION.--Beginning on the data that is 2 calendar years
after the date of enactment of this Act, the formula for determining
the amount of funds to be distributed from the Drug Control and System
Improvement Grant Program to state and local governments shall be
adjusted by--
(1) reducing by 10 percent the amount of funds that would,
except for the application of this paragraph, be allocated to
States whose laws do not provide as stated in subsection (a);
and
(2) allocating the amount of the reduction pro rata to the
other States.
Subtitle C--Mandatory Work Requirements for Prisoners, Withholding
Federal Benefits, and Drug Testing of Prisoners
SEC. 131 MANDATORY WORK REQUIREMENT FOR ALL PRISONERS.
(A) IN GENERAL.--(1) It is the policy of the Federal Government that
convicted prisoners confined in Federal prisons, jails, and
other detention facilities shall work. The type of work in
which they will be involved shall be dictated by appropriate
security considerations and by the health of the prisoner
involved. Such labor may include, but not be limited to--
(A) local public works projects and infrastructure
repair;
(B) construction of new prisons and other detention
facilities;
(C) prison industries; and
(D) other appropriate labor.
(2) It is the policy of the Federal Government that States
and local governments have the same authority to require all
convicted prisoners to work.
(b) PRISONERS SHALL WORK.--Medical certification of 100 percent
disability, security considerations, or disciplinary action shall be
the only excuse to remove a Federal prisoner from labor participation.
(c) USE OF FUNDS.--(1) Subject to paragraph (2), any funds generated by
labor conducted pursuant to this section shall be deposited
in a separate fund in the Treasury of the United States for
use by the Attorney General for payment of prison
construction and operating expenses or for payment of
compensation judgements. Notwithstanding any other law, such
funds shall be available without appropriation.
(2) Prisoners shall be paid a share of funds generated by
their labor conducted pursuant to this section.
SEC. 132. REPEAL OF CONSTRAINTS ON PRISON INDUSTRIES.
(a) SUMNERS-ASHURST ACT.--(1) Chapter 85 of part 1 of title 18, United
States Code, is repealed.
(2) The table of chapters for part 1 of title 18, United
States Code, is amended by striking the item for chapter 85
and inserting the following:
"[85. Repealed.]".
(3) The repeal made by this subsection shall not affect the
performance to completion of the pilot projects authorized by
section 1761(c) of title 18, United States Code, prior to
enactment of this act.
(b) FEDERAL PRISON INDUSTRIES.--(1) Section 4122(a) of title 18, United
States Code, is amended to read as follows:
"(a) Federal Prison Industries shall determine in
what manner and to what extent industrial
operations shall be carried on in Federal penal and
correctional institutions for the product of
commodities for consumption in such institutions
or for sale to governmental departments and
agencies and to the public.".
(2) The first paragraph of section 4124 of title 18, United
States Code, is amended to read as follows:
"The several Federal departments and agencies and
all other Government institutions of the United
States may purchase such products of the industries
authorized by this chapter as meet their
requirements and may be available.".
(3) The second sentence of section 4126(f) of title 18,
United States Code, is amended to read as follows: "To the
extent that the amount of such funds is excess to the needs
of the corporation for such purposes, such funds may be
transferred to the Attorney General for the construction or
acquisition of penal and correctional institutions, including
camps described in section 4125.".
(c) WALSH-HEALY ACT.--Subsection (d) of the first section of the Act
entitled "An Act to provide conditions for the purchase of supplies and
the making of contracts by the United States, and for other purposes",
approved June 30, 1936, (41 U.S.C. 35(d)), is amended--
(1) by striking "and no convict labor"; and
(2) by striking ", except that this section, or any law or
Executive order contrasting similar prohibitions against
purchase of goods by the Federal Government, shall not apply
to convict labor which satisfies the conditions of section
1761(c) of title 18, United States Code".
(d) LEGISLATIVE RECOMMENDATIONS.--The Attorney General shall submit to
Congress a report making recommendations for legislation to--
(1) ensure that private businesses and labor do not suffer
unfair consequences from the repeal in subsection (a); and
(2) encourage greater private sector participation in prison
industries and create incentives for cooperative arrangements
between private businesses and prisons providing for such
participation.
SEC. 133. EMPLOYMENT OF PRISONERS.
(a) IN GENERAL.--The Attorney General may enter into contracts with
private businesses for the use of inmate skills that may be of
commercial use to such businesses.
(b) USE OF FEES AND PAYMENTS.--A portion of the fees and payments
collected for the use of inmate skills under contracts entered into
pursuant to subsection (a) shall be deposited in the fund described in
section 131(c)(1), and a portion shall be paid to the prisoners who
conduct the labor.
(c) SECURITY REQUIREMENT.--In the case of contracts described in
subsection (a) in which the provision of inmate skills would require
prisoners to leave the prison--
(1) prisoners shall be permitted to travel directly to a work
site and to remain at the work site during the work day and
shall be required to return directly to prison at the end of
each work day; and
(2) only prisoners with no history of violent criminal
activity and who are able to meet strict security standards
to insure that they pose no threat to the public, shall be
eligible to participate.
SEC. 134. WITHHOLDING PRISONERS' FEDERAL BENEFITS TO OFFSET
INCARCERATION COSTS.
(a) IN GENERAL.--The Federal benefits received by any prisoner (not
including those of a prisoner's spouse or dependents) who has been
convicted of a crime of violence against a person or drug trafficking
crime (other than simple possession) under Federal or State law and who
is incarcerated in a Federal or State prison shall, during the period
of the prisoner's incarceration, be withheld to offset the costs of--
(1) any victim compensation award against such prisoner; and
(2) any incarceration costs of the prisoner incurred by the
prison system.
(b) PAYMENT.--(1) In the case of a Federal Prisoner, Federal benefits
withheld for the purpose of subsection (a)(2) shall be paid
into the fund established by section 131(c).
(2) In the case of a State prisoner, Federal benefits
withheld for the purpose of subsection (a)(2) shall be paid
to the State.
(c) EXCEPTION.--The withholding of Federal benefits of a prisoner with
a spouse or other dependents under subsection (a) shall be adjusted by
the court to provide adequate support to and to prevent the
impoverishment of dependents.
(d) DEFINITIONS.--As used in this section the term "Federal benefit"
means the issuance of any payment of money, by way of grant, loan, or
statutory entitlement, provided by an agency of the United States or by
appropriated funds or trust funds of the United States but does not
include a right to payment under a contract.
SEC. 135. DRUG TESTING OF FEDERAL PRISONERS.
(a) DRUG TESTING PROGRAM.--(1) Subchapter A of chapter 229 of title 18,
United States Code, is amended by adding at the end thereof
the following new section:
"Section 3608. Drug testing of defendants on
post-conviction release
"(a) The Attorney General, in consultation with the
Director of the Administrative Office of the United
States Courts shall, as soon as is practicable
after the effective date of this section, establish
by regulation a program of drug testing of targeted
classes of arrestees, individuals in jails,
prisons, and other correctional facilities, and
persons on conditional or supervised release before
or after conviction, including probationers,
parolees, and persons released on bail.
"(b)(1) The Attorney General shall, not later than
6 months after the date of enactment of
this section, promulgate regulations for
drug testing programs under this section.
"(2) The regulations issued pursuant to
paragraph (1) shall be based in part on
scientific and technical standards
determined by the Secretary of Health
and Human Services to ensure reliability and
accuracy of drug test results. In
addition to specifying acceptable methods
and procedures for carrying out drug
testing, the regulations may include
guidelines or specifications concerning--
"(A) the classes of persons to
be targeted for testing;
"(B) the drugs to be tested
for;
"(C) the frequency and duration
of testing; and
"(D) the effect of test results
in decisions concerning the
sentence, the conditions to be
imposed on release before or
after conviction, and the
granting, continuation, or
termination of such release.
"(c) In each district where it is feasible to do
so, the chief probation officer shall arrange for
the drug testing of defendants on a post-conviction
release pursuant to a conviction for a felony or
other offense described in section 3563(a)(4) of
this title.".
SEC. 136. DRUG TESTING OF STATE PRISONERS.
(a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end of
part E (42 U.S.C. 3750-3766b) the following:
"DRUG TESTING PROGRAMS
"SEC. 523. (a) PROGRAM REQUIRED.--No funding shall be
provided under this part, whether by direct grant,
cooperative agreement, or assistance in any form, to any
State or any political subdivision or instrumentality of a
State that has not formulated and implemented a drug testing
program, subject to periodic review by the Attorney General,
as specified in the regulations described in subsection (b),
for targeted classes of arrestees, individuals in jails,
prisons, and other correctional facilities, and persons on
conditional or supervised release before or after conviction,
including probationers, parolees, and persons released on
bail.
"(b) REGULATIONS.--(1) The Attorney General shall, not later
than 6 months after the enactment of this section,
promulgate regulations for drug testing programs
under this section.
"(2) The regulations issued pursuant to paragraph
(1) shall incorporate the standards applicable to
drug testing of Federal prisoners under section
3608 of title 18, United States Code.
"(c) EFFECTIVE DATE.--This section shall take effect with
respect to any State, subdivisions, or instrumentality
receiving or seeking funding under this subchapter at a time
specified by the Attorney General, but no earlier than the
date of promulgation of the regulations required by
subsection (b).".
(b) AMENDMENT TO TABLE OF CONTENTS.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by inserting at the end of the item relating
to part E the following:
"Sec. 523. Drug testing program.".
Subtitle D--Judicial Reform to Protect the Innocent and Punish the
Guilty
SEC. 151. GOOD FAITH STANDARDS FOR GATHERING EVIDENCE.
(a) IN GENERAL.--Chapter 223 of title 18, United States Code, is
amended by adding at the end thereof the following new section:
"Section 3509. Admissibility of evidence obtained by search
or seizure
"(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR
SEIZURE.--Evidence which is obtained as a result of a search
or seizure shall not be excluded in a proceeding in a court of
the United States on the ground that the search or seizure
was in violation of the fourth amendment to the Constitution
of the United States, if the search or seizure was carried
out in circumstances justifying an objectively reasonable
belief that it was in conformity with the fourth amendment.
The fact that evidence was obtained pursuant to and within
the scope of a warrant constitutes prima facie evidence of
the existence of such circumstances.
"(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE.--Evidence
shall not be excluded in a proceeding in a court of the
United States on the ground that it was obtained in violation
of a statute, an administrative rule or regulation, or a rule
of procedure unless exclusion is expressly authorized by a
statute or by a rule prescribed by the Supreme Court pursuant
to statutory authority.
"(c) RULE OF CONSTRUCTION.--This section shall not be
constructed to require or authorize the exclusion of evidence
in any proceeding.".
(b) TECHNICAL AMENDMENT.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by adding at
the end the following:
"3509. Admissibility of evidence obtained by search or
seizure.".
SEC. 152. STROM THURMOND HABEAS CORPUS REFORM INITIATIVE.
(a) FINALITY OF DETERMINATIONS.--Section 2244 of title 28, United
States Code, is amended by adding at the end thereof the following new
subsections:
"(d) When a person in custody pursuant to the judgment of a
State court fails to raise a claim in State proceedings at
the time or in the manner required by State rules of
procedure, the claim shall not be entertained in an
application for a writ of habeas corpus unless actual
prejudice resulted to the applicant from the alleged denial
of Federal right asserted and--
"(1) the failure to raise the claim properly or to
have it heard in State proceedings was the result
of State action in violation of the Constitution or
laws of the United States;
"(2) the Federal right asserted was newly
recognized by the Supreme Court subsequent to the
procedural default and is retroactively applicable;
or
"(3) the factual predicate of the claim could not
have been discovered through the exercise of
reasonable diligence prior to the procedural
default.
"(e) A one-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of the following
times:
"(1) the time at which State remedies are
exhausted;
"(2) the time at which the impediment to filing an
application created by State action in violation to
the Constitution or laws of the United States is
removed, where the applicant was prevented from
filing by such State action;
"(3) the time at which the Federal right asserted
was initially recognized by the Supreme Court,
where the right has been newly recognized by the
Court and is retroactively applicable; or
"(4) the time at which the factual predicate of the
claim or claims presented could have been
discovered through the exercise of reasonable
diligence.".
(b) APPEAL.--Section 2253 of title 28, United States Code, is amended
to read as follows:
"Section 2253. Appeal
"In a habeas corpus proceeding or a proceeding under section
2255 of this title before a circuit or district judge, the
final order shall be subject to review, on appeal, by the
court of appeals for the circuit where the proceeding is had.
"There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to
another district or place for commitment or trial, a person
charged with a criminal offense against the United States, or
to test the validity of the person's detention pending
removal proceedings.
"An appeal may not be taken to the court of appeals from the
final order in a habeas corpus proceeding where the detention
complained of arises out of process issued by a State court,
or from the final order in a proceeding under section 2255 of
this title, unless a circuit justice or judge issues a
certificate of probable cause.".
(c) APPELLATE PROCEDURE.--Rule 22 of the Federal Rules of Appellate
Procedure is amended to read as follows:
"Rule 22. Habeas Corpus and Section 2255 Proceedings
"(a) APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS.--An
application for a writ of habeas corpus shall be made to the
appropriate district court. If application is made to a
circuit judge, the application will ordinarily be transferred
to the appropriate district court. If an application is made
to or transferred to the district court and denied, renewal
of the application before a circuit judge is not favored; the
proper remedy is by appeal to the court of appeals from the
order of the district court denying the writ.
"(b) NECESSITY OF CERTIFICATE OF PROBABLE CAUSE FOR
APPEAL.--In a habeas corpus proceeding in which the detention
complained of arises out of process issued by a State court,
and in a motion proceeding pursuant to section 2255 of title
28, United States Code, an appeal by the applicant or movant
may not proceed unless a circuit judge issues a certificate
of probable cause. If a request for a certificate of
probable cause is addressed to the court of appeals, it shall
be deemed addressed to the judges thereof and shall be
considered by a circuit judge or judges as the court deems
appropriate. If no express request for a certificate is
filed, the notice of appeal shall be deemed to constitute a
request addressed to the judgements of the court of appeals.
If an appeal is taken by a State or the government or its
representative, a certificate of probable cause is not
required.".
(d) STATE CUSTODY.--Section 2254 of title 28, United States Code, is
amended--
(1) by amending subsection (b) to read as follows:
"(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the
judgment of a State court shall not be granted
unless it appears that the applicant has exhausted
the remedies available in the courts of the State,
or that there is either an absence of available
State corrective process or the existence of
circumstances rendering such process ineffective to
protect the rights of the applicant. An
application may be denied on the merits
notwithstanding the failure of the applicant to
exhausted the remedies available in the courts of
the States.";
(2) by redesignating subsection (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
"(d) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the
judgment of a State court shall not be granted
with respect to any claim that has been fully and
fairly adjudicated in State proceedings."; and
(4) by amending subsection (e), as redesignated by paragraph
(2), to read as follows:
"(e) In a proceeding instituted by an application
for a writ of habeas corpus by a person in custody
pursuant to the judgment of a State court, a full
and fair determination of a factual issue made in
the case by a State court shall be presumed to be
correct. The applicant shall have the burden of
rebutting this presumption by clear and convincing
evidence.".
(e) FEDERAL CUSTODY.--Section 2255 of title 28, United States Code, is
amended by striking the second paragraph and the penultimate paragraph
thereof, and by adding at the end thereof the following new paragraphs:
"When a person fails to raise a claim at the time or in the
manner required by Federal rules of procedure, the claim
shall not be entertained in a motion under this section
unless actual prejudice resulted to the movant from the
alleged denial of the right asserted and--
"(1) the failure to raise the claim properly, or to
have it heard, was the result of governmental
action in violation of the Constitution or the laws
of the United States;
"(2) the right asserted was newly recognized by the
Supreme Court subsequent to the procedural default
and is retroactively applicable; or
"(3) the factual predicate of the claim could not
have been discovered through the exercise of
reasonable diligence prior to the procedural
default.
"A two-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of the following times;
"(1) The time at which the judgment of conviction
becomes final.
"(2) The time at which the impediment to making a
motion created by governmental action in violation
of the Constitution or laws of the United States is
removed, where the movant was prevented from making
a motion by such governmental action.
"(3) The time at which the right asserted was
initially recognized by the Supreme Court, where
the right has been newly recognized by the Court
and is retroactively applicable.
"(4) The time at which the factual predicate of the
claim or claims presented could have been
discovered through the exercise of reasonable
diligence.".
SEC. 153. PROSCRIPTION OF USE OF DRUG PROFITS.
(a) LIST OF ASSETS.--Section 511(d) of the Controlled Substances Act
(21 U.S.C. 881(d)) is amended by--
(1) inserting "(1)" after (d)"; and
(2) adding at the end thereof the following new paragraph:
"(2)(A) Prior to sentencing a defendant on
conviction in a Federal court of a felony under
this title, the court shall compile a list of all
assets owned by the defendant not subject to
forfeiture.
"(B) After the release of a defendant described in
subparagraph (A), upon request of the Attorney
General, the court shall required the defendant to
provide proof that any asset owned by the defendant
not listed on the list described in subparagraph
(A) was legally obtained.".
"(C) In order to prove that a defendant legally
obtained an asset not listed on the list described
in subparagraph (A), the defendant shall be
required to produce documentation of the same
nature as that required of a taxpayer by the
Internal Revenue Service.
"(D) Assets that a defendant does not prove were
legally obtained under subparagraph (B) may be
seized by the Attorney General through attachment
and foreclosure proceedings, and the proceeds of
such proceedings shall be deposited in the
Department of Justice's Assets Forfeiture Fund and
shall be available for transfer to the building and
facilities account of the Federal prison system.".
SEC. 154. JURISDICTION OF SPECIAL MASTERS.
Notwithstanding any other law, a special master appointed to serve in a
United States court to monitor compliance with a court order, including
special masters who have been appointed prior to the date of enactment
of this Act--
(1) shall be appointed for a term of no more than 1 year;
(2) may be reappointed for terms of 1 year;
(3) shall be given a clear and narrow mandate by the court
and shall have no authority in any area where a specific
mandate is not granted; and
(4) shall not have jurisdiction to enforce any judicial order
with respect to the management of prisons or jails.
SEC. 155. SENTENCING PATTERNS OF FEDERAL JUDGES.
(a) IN GENERAL.--Chapter 49 of title 28, United States Code, is amended
by adding at the end thereof the following new section:
"Section 757 Sentencing patterns
"(a) The Administrative Office of the United States Courts
shall annually publish a cumulative report on sentencing by
United States District Judges. The report shall be compiled
for the purpose of enabling the reader to assess criminal
sentencing patterns among Federal judges and post-sentencing
treatment to determine judicial accuracy of forecasting
future responsible and lawful behavior by those whom they
sentence.
"(b) The report shall--
"(1) personally identify the judge that pronounced
each criminal sentence;
"(2) give a brief description of the crime or
crimes perpetrated by the criminal and the prison,
probation, parole, furlough, recidivism, and other
history of the criminal that is reasonably
available for compilation; and
"(3) include such charts, profiles, and narratives
as are necessary.".
(b) TECHNICAL AMENDMENT.--The table of sections for chapter 49 of title
28, United States Code, is amended by adding at the end thereof the
following:
"757. Sentencing patterns.".
TITLE II--ACHIEVING A DRUG-FREE AMERICA BY 1995
SEC. 201. FINDINGS.
The Congress finds that--
(1) to make America drug-free by 1995 requires a concerted
effort to hold drug users accountable for their actions,
which sustain the drug trade and related criminal activities;
and
(2) the anti-drug policy of the 1990's must emphasize the
principles of zero tolerance, user accountability, and
measured user penalties.
SEC. 202 PAYMENT OF TRIAL COSTS AND MANDATORY MINIMUM FINES.
(a) FINE TO PAY COST OF TRIAL.--(1) A person who is convicted of a
violation of section 404 of the Controlled Substances Act (21
U.S.C. 844) shall pay to the Treasury of the United States
the cost of the trial in which the person is convicted, as
determined by the court, out of the income of such person.
(2) If a person convicted of drug possession has insufficient
income and property to pay the cost of trial as required by
paragraph (1), the court shall determine an appropriate
amount that should be paid in view of the person's income and
the cost of trial.
(3) The amount that a person shall be required to pay out of
the person's income to pay the cost of trial shall not exceed
25 percent of the person's annual income.
(b) ADDITIONAL MANDATORY FINE.--In addition to the fines authorized in
section 404 of the Controlled Substances Act (21 U.S.C. 844) and in
subsection (a), a person who is convicted of section 404 of the
Controlled Substances Act shall be assessed a mandatory fine of at
least 10 percent of the person's income for a first offense and at
least 25 percent of the person's income for a second or subsequent
offense.
(c) INCOME.--For the purposes of this section, a person's annual income
shall be determined to be no less than the amount of income reported on
the person's most recent Federal income tax filing.
(d) FORFEITURE OF PROPERTY.--If a person convicted of a drug crime has
insufficient income to pay the fines imposed under subsections (a) and
(b), the person's property, including wages and other earnings, shall
be subject to forfeiture through attachment, foreclosure, and
garnishment procedures.
(e) The court may order payment of trial costs and fines imposed under
this section in a single payment or in installments, as necessary to
realize the greatest possibility that the entire amount of costs and
fines will be paid.
SEC. 203. WITHHOLDING OF UNEARNED FEDERAL BENEFITS FROM DRUG
TRAFFICKERS AND USERS WHO ARE NOT IN PRISON.
(a) DRUG TRAFFICKERS.--Section 5301(a) of the Anti-Drug Abuse Act of
1988 (21 U.S.C 853a(a)) is amended--
(1) by amending paragraph (1) to read as follows:
"(1) Any individual who is convicted of any State
offense consisting of the distribution of
controlled substances (as such terms are defined
for purposes of the Controlled Substances Act) who
is not sentenced to a prison term or who serves a
prison term of less than the time periods specified
in subparagraph (A), (B), or (C) of this paragraph
shall--
"(A) upon the first conviction for such
an offense be ineligible for unearned
Federal benefits for 5 years after such
conviction;
"(B) upon a second conviction be
ineligible for all unearned Federal
benefits for 10 years after such
conviction; and
"(C) upon a third or subsequent
conviction for such an offense be
permanently ineligible for all unearned
Federal benefits."; and
(2) in paragraph (2) by striking "there is a reasonable body
of evidence to substantiate such declaration" and inserting
"there is clear and convincing evidence to substantiate such
declaration".
(b) DRUG USERS.--Section 5301(b) of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 853a(b)) is amended--
(1) in paragraph (1) by amending subparagraphs (A) and (B) to
read as follows:
"(A) upon the first conviction for such an offense
be ineligible for all unearned Federal benefits for
1 year after such conviction;
"(B) upon a second and subsequent convictions be
ineligible for all unearned Federal benefits for 5
years after such convictions; and
(2) in paragraph (2) by striking "there is a reasonable body
of evidence to substantiate such declaration" and inserting
"there is clear and convincing evidence to substantiate such
declaration".
(c) SUSPENSION OF PERIOD OF INELIGIBILITY.--Subsection (c) of section
5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a(c)) is amended
to read as follows:
"(c) SUSPENSION OF PERIOD OF INELIGIBILITY.--A court may
reduce the period of ineligibility referred to in subsection
(b)(1)(A) to 3 months if the individual--
"(1) successfully completes a supervised drug
rehabilitation program which includes periodic,
random drug testing after becoming ineligible
under this section; or
"(2) completes a period of community service
satisfactory to the court and passes period and
random drug tests administered during the 3-month
period of suspension.".
(d) DEFINITIONS.--Subsection (d) of section 5301 of the Anti-Drug Abuse
Act of 1988 (21 U.S.C. 853a(d)) is amended to read as follows:
"(d) DEFINITIONS.--As used in this section--
"(1) the term 'earned Federal benefits' means
programs and benefits that are earned through or by
financial contributions or service, such as Social
Security or veterans' benefits; and
"(2) the term 'unearned Federal benefits' means all
Federal benefits, including the issuance of any
grant, contract, loan, professional license, or
commercial license provided by an agency of the
United States or by appropriated funds of the
United States, but not including earned Federal
benefits, such as Social Security and veteran's
benefits.
(e) MONITORING.--The Attorney General shall establish a system to
monitor implementation of section 5301 of the Anti-Drug Abuse Act of
1988 (21 U.S.C. 853a).
SEC. 204. REVOCATION OF DRUG USERS' DRIVER'S LICENSES AND PILOT'S
LICENSES.
(a) DRIVER'S LICENSES.--(1) Chapter 1 of title 23, United States Code,
is amended by adding at the end thereof the following new
section:
"Section 159. Revocation of the driver's licenses
of persons convicted of drug possession
"(a) Beginning on the date that is 2 calendar years
after the date of enactment of this section, a
request for Federal drug law enforcement assistance
funds from the Bureau of Justice Assistance Grant
programs by a State whose law provides for
revocation of drivers' licenses as provided in
subsection (c) shall receive priority over a
request by a State whose law does not so provide.
"(b) Beginning on the date that is 2 calendar years
after the date of enactment of this section, the
formula for determining the amount of funds to be
distributed from the Drug Control and System
Improvement Grant Program to State and local
governments shall be adjusted by--
"(1) reducing by 10 percent the amount of
funds that would, except for the
application of this paragraph, be
allocated to States whose laws do not
provide as stated in subsection (c); and
"(2) allocated the amount of the
reduction pro rata to the other States.
"(c)(1) A State meets the requirements of this
section if the State has enacted and is enforcing a
law that requires in all circumstances, except as
provided in paragraph(2)--
"(A) the mandatory revocation of the
driver's license for at least 1 year of
any person who is convicted, after the
enactment of such law, of--
"(i) a violation of section 404
of the Controlled Substances
Act (21 U.S.C. 844); or
"(ii) any other Federal or
State drug offense for which a
person serves less than 1 year's
imprisonment; and
"(B) the mandatory denial of any request
for the issuance or reinstatement of a
driver's license to such a person if the
person does not have a driver's license,
or the driver's license of the person is
suspended, at the time the person is so
convicted.
"(2) The State law referred to in paragraph (1) may
provide that the driver's license of a first
offender, but not of a second or subsequent
offender, may be reinstated on performance of 3
months' community service and passes periodic drug
tests administered during the period of community
service.".
"(d) For purposes of this section--
"(1) The term 'driver's license' means a
license issued by a State to any person
that authorizes the person to operate a
motor vehicle on the highways.
"(2) The term 'drug offense' means any
criminal offense which proscribes the
possession, distribution, manufacture,
cultivation, sale, transfer, or the
attempt or conspiracy to possess,
distribute, manufacture, cultivate, sell,
or transfer any substance the possession
of which is prohibited under the
Controlled Substances Act (21 U.S.C. 801
et seq.) and such offenses under State
laws.
"(3) The term 'convicted' includes
adjudicated under juvenile proceedings.".
(2) The table of contents for chapter 1 of title 23, United
States Code, is amended by adding at the end thereof the
following new item:
"159. Revocation of the driver's licenses of
persons convicted of drug offenses.".
(b) PILOT'S LICENSES.--The Secretary of Transportation shall cause the
Federal Aviation Administration to amend its regulations as necessary
to cause the revocation of pilot's licenses on the terms and conditions
prescribed for revocation of driver's licenses in subsection (a).
SEC. 205. ACCOUNTABILITY AND PERFORMANCE OF DRUG TREATMENT FACILITIES.
(a) STATEWIDE DRUG TREATMENT PLANS.--Title XIX of the Public Health
Service Act is amended by inserting after section 1916A (42 U.S.C.
300x-4a) the following new section:
"SEC. 1916B. STATEWIDE DRUG TREATMENT PLAN.
"(a) NATURE OF PLAN.--To receive the drug abuse portion of
its allotment for a fiscal year under section 1912A, a State
shall develop, implement, and submit, as part of the
application required by section 1916(a), an approved
statewide Drug Treatment Plan, prepared according to
regulations promulgated by the Secretary, that shall
contain--
"(1) a single, designated State agency for
formulating and implementing the Statewide Drug
Treatment Plan;
"(2) a description of the mechanism that shall be
used to assess the needs for drug treatment in
localities throughout the State including the
presentation of relevant data;
"(3) a description of a statewide plan that shall
be implemented to expand treatment capacity and
overcome obstacles that restrict the expansion of
treatment capacity (such as zoning ordinances), or
an explanation of why such a plan is necessary;
"(4) a description of performance-based criteria
that shall be used to assist in the allocating of
funds to drug treatment facilities receiving
assistance under this subpart: [sic]
"(5) a description of the drug-free patient and
workplace programs, that must include some form of
drug testing, to be utilized in drug treatment
facilities and programs;
"(6) a description of the mechanism that shall be
used to make funding allocations under this
subpart;
"(7) a description of the actions that shall be
taken to improve the referral of drug users to
treatment facilities that offer the most
appropriate treatment modality;
"(8) a description of the program of training that
shall be implemented for employees of treatment
facilities receiving Federal funds, designed to
permit such employees to stay abreast of the latest
and most effective treatment techniques;
"(9) a description of the plan that shall be
implemented to coordinate drug treatment facilities
with other social, health, correctional and
vocational services in order to assist or properly
refer those patients in need of such additional
services; and
"(10) a description of the plan that will be
implemented to expand and improve efforts to
contact and treat expectant women who use drugs and
to provide appropriate follow-up care to their
affected newborns.
"(b) SUBMISSION OF PLAN.--The plan required by subsection (a)
shall be submitted to the Secretary annually for review and
approval. The Secretary shall have the authority to review
and approve or disapprove such State plans, and to propose
changes to such plans.
"(c) SUBMISSION OF PROGRESS REPORTS.--Each State shall submit
reports, in such form, and containing such information as the
Secretary may, from time to time, require, and shall comply
with such additional provisions as the Secretary may from
time to time find are necessary to verify the accuracy of
such reports but are not overly burdensome to the State.
"(d) WAIVER OF PLAN REQUIREMENT.--At the discretion of the
Secretary, the Secretary may waive any or all of the
requirements of this section on the written request of a
State, except that such waiver shall not be granted unless
the State implements an alternative treatment plan that
fulfills the objectives of this section.
"(e) DEFINITION.--As used in this section, the term 'drug
abuse portion' means the amount of a State's allotment under
section 1912A that is required by this subpart, or by any
other law, to be used for programs or activities relating to
drug abuse.".
(b) REGULATIONS AND EFFECTIVE DATES.--(1) The Secretary of Health and
Human Services shall promulgate regulations to carry out
section 1916B of the Public Health Service Act (as added by
subsection (a)) not later than 6 months after the date of
enactment of this section.
(2)(A)Sections 1916B(a) (4) and (5) of such Act (as added by
subsection (a)) shall become effective on October 1
of the second fiscal year beginning after the date
that final regulations under paragraph (1) are
published in the Federal Register.
(B) The remaining provision of such section 1916B
shall become effective on October 1 of the first
fiscal year beginning after the date final
regulations under paragraph (1) are published in
the Federal Register.
SEC. 206. DRUG-FREE SCHOOLS.
(a) ELEMENTARY AND SECONDARY EDUCATION.--(1) Title XII of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), is amended by
inserting at the end thereof the following new section 1213:
"DRUG AND ALCOHOL ABUSE PREVENTION
"SEC. 1213. (a) Notwithstanding any other law, no
institution of higher education shall be eligible
to receive funds or any other form of financial
assistance under any Federal program, including
participation in any federally funded or guaranteed
student loan program, unless it certifies to the
Secretary that it has adopted and has implemented a
program to prevent the use of illicit drugs and the
abuse of alcohol by students and employees that, at
a minimum, includes--
"(1) the annual distribution to each
student and employee of--
"(A) standards of conduct that
clearly prohibit, at a minimum,
the unlawful possession, use,
or distribution of illicit
drugs and alcohol by students
and employees on its property
or as a part of any of its
activities;
"(B) a description of
applicable legal sanctions
under local, State, or Federal
law for the unlawful
possession or distribution of
illicit drugs and alcohol;
"(C) a description of the
health risks associated with
the use of illicit drugs and
the abuse of alcohol;
"(D) a description of any drug
or alcohol counseling,
treatment, or rehabilitation
programs that are available to
employees or students; and
"(E) a clear statement that the
institution will impose
sanctions on students and
employees (consistent with
local, State, and Federal
laws), and a description of
those sanctions, up to and
including expulsion or
termination of employment and
referral for prosecution, for
violations of the standards of
conduct required by paragraph
(1)(A);
"(2) provisions for drug testing; and
"(3) a biennial review by the institution
of its program to--
"(A) determine its
effectiveness and implement
changes to the program if they
are needed; and
"(B) ensure that the sanctions
required by paragraph (1)(E)
are consistently enforced.
"(b) Each institution of higher education that
provides the certification required by subsection
(a) shall, upon request, make available to the
Secretary and to the public a copy of each item
required by subsection (a)(1) as well as the
results of the biennial review required by
subsection (a)(2).
"(c)(1) The Secretary shall publish regulations to
implement and enforce this section,
including regulations that provide for--
"(A) the periodic review of a
representative sample of
programs required by subsection
(a); and
"(B) sanctions, up to and
including the termination of
any form of financial
assistance, for institutions of
higher education that fail to
implement their programs or to
consistently enforce their
sanctions.
"(2) The sanctions required by subsection
(a)(1)(E) may include the completion of
an appropriate rehabilitation program".
(2) Paragraph (1) shall take effect on October 1, 1990.
(b) DRUG AND ALCOHOL ABUSE PREVENTION.--(1) Part D of the Drug-Free
Schools and Communities Act of 1986 (20 U.S.C. 3171 et seq.)
is amended by adding at the end thereof a new section 5145 to
read as follows:
"CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
"SEC. 5145. (a) Notwithstanding any other law, no
local educational agency shall be eligible to
receive funds or any other form of financial
assistance under any Federal program unless it
certifies to the State educational agency that it
has adopted and has implemented a program to
prevent the use of illicit drugs and alcohol by
students or employees that, at a minimum,
includes--
"(1) mandatory, age-appropriate,
developmentally based drug and alcohol
education and prevention programs (which
address the legal, social, and health
consequences of drug and alcohol use and
which provide information about effective
techniques for resisting peer pressure to
use illicit drugs or alcohol) for
students in all grades of the schools
operated or served by the applicant, from
early childhood level through grade 12;
"(2) conveying to students that the use
of illicit drugs and alcohol is wrong and
harmful;
"(3) standards of conduct that are
applicable to students and employees in
all the applicant's schools and that
clearly prohibit, at a minimum, the
possession, use, or distribution of
illicit drugs and alcohol by students and
employees on school premises or as part
of any of its activities;
"(4) a clear statement that sanctions
(consistent with local, State, and
Federal law), up to and including
expulsion or termination of employment
and referral for prosecution, will be
imposed on students and employees who
violate the standards of conduct required
by paragraph (3) and a description of
those sanctions;
"(5) information about any available drug
and alcohol counseling and rehabilitation
programs that are available to students
and employees;
"(6) a requirement that parents,
students, and employees be given a copy
of the standards of conduct required by
paragraph (3) and the statement of
sanctions required by paragraph (4);
"(7) notifying parents, students, and
employees that compliance with the
standards of conduct required by
paragraph (3) is mandatory;
"(8) provisions for drug testing; and
"(9) a biennial review by the applicant
of its program to--
"(A) determine its
effectiveness and implement
changes to the program if they
are needed; and
"(B) ensure that the sanctions
required by paragraph (4) are
consistently enforced.
"(b) Each local educational agency that provides
the certification required by subsection (a) shall,
upon request, make available to the Secretary, the
State educational agency, and the public full
information about the elements of its program
required by subsection (a), including the results
of its biennial review.
"(c) Each State educational agency shall certify to
the Secretary that it has adopted and has
implemented a program to prevent the use of illicit
drugs and the abuse of alcohol by its students and
employees that is consistent with the program
required by subsection (a) of this section. The
State educational agency shall, upon request, make
available to the Secretary and to the public full
information about the elements of its program.
"(d)(1) The Secretary shall publish regulations to
implement and enforce the provisions of
this section, including regulations that
provide for--
"(A) the periodic review by
State educational agencies of a
representative sample of
programs required by subsection
(a); and
"(B) sanctions, up to and
including the termination of
any form of financial
assistance, for local
educational agencies that fail
to implement their programs or
to consistently enforce their
sanctions.
"(2) The sanctions required by subsection
(a)(1) through (4) may included the
completion of an appropriate
rehabilitation program.".
(2) The Drug-Free Schools and Communities Act of 1986 is
further amended in section 5126(c)(2) by--
(A) striking subparagraphs (E), (F), and (G); and
(B) redesignating subparagraphs (H) through (M) as
subparagraphs (E) through (J), respectively.
(3) Paragraphs (1) and (2) shall take effect on October 1,
1990.
SEC. 207. DRUG-FREE TRANSPORTATION.
(a) SHORT TITLE.--This section may be cited as the 'Transportation
Employee Testing Act'.
(b) FINDINGS.--The Congress finds that--
(1) alcohol abuse and illegal drug use pose significant
dangers to the safety and welfare of the Nation;
(2) millions of the Nation's citizens utilize transportation
by aircraft, railroads, trucks, and buses, and depend on the
operators of aircraft, railroads, trucks, and buses to
perform in a safe and responsible manner;
(3) the greatest efforts must be expended to eliminate the
abuse of alcohol and the use of illegal drugs, whether on or
off duty, by persons who are involved in the operation of
aircraft, railroads, trucks, and buses;
(4) the use of alcohol and illegal drugs has been
demonstrated to affect significantly the performance of
persons who use them, and has been proven to have been a
critical factor in transportation accidents;
(5) the testing of uniformed personnel of the Armed Forces
has shown that the most effective deterrent to abuse of
alcohol and use of illegal drugs is increased testing,
including random testing;
(6) adequate safeguards can be implemented to ensure that
testing for abuse of alcohol or use of illegal drugs is
performed in a manner that protects a person's right of
privacy, ensures that no person is harassed by being treated
differently from other persons, and ensures that no person's
reputation or career development is unduly threatened or
harmed; and
(7) rehabilitation is a critical component of any testing
program for abuse of alcohol or use of illegal drugs, and
should be made available to persons, as appropriate.
(C) AMENDMENT OF THE FEDERAL AVIATION ACT.--(1) Title VI of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1421 et seq.) is amended
by adding at the end thereof the following:
"ALCOHOL AND CONTROLLED SUBSTANCES TESTING
"TESTING PROGRAM
"SEC. 613. (a)(1) The Administrator shall, in the
interest of aviation safety, prescribe regulations
not later than 12 months after the date of
enactment of this section. Such regulations shall
establish a program that requires air carriers and
foreign air carriers to conduct preemployment,
reasonable suspicion, random, and post-accident
testing of airmen, crewmembers, airport security
screening contract personnel, and other air
carrier employees responsible for safety-sensitive
functions (as determined by the Administrator) for
use, in violation of law, of alcohol or a
controlled substances. The Administrator may also
prescribe regulations, as the Administrator
considers appropriate in the interest of safety,
for the conduct of periodic recurring testing of
such employees for such use in violation of law.
"(2) The Administrator shall establish a program
applicable to employees of the Federal Aviation
Administration whose duties include responsibility
for safety-sensitive functions. Such programs
shall provide for preemployment, reasonable
suspicion, random, an post-accident testing for
use, in violation of law, of alcohol or a
controlled substance. The Administrator may also
prescribe regulations, as the Administrator
considers appropriate in the interest of safety,
for the conduct of periodic testing of such
employees for such use in violation of law.
"(3) In prescribing regulations under the programs
required by this subsection, the Administrator
shall require, as the Administrator considers
appropriate, the suspension or revocation of any
certificate issued to such a person, or the
disqualification or dismissal of any such person,
in accordance with this section, in any instance
where a test conduct and confirmed under this
section indicates that such person has used, in
violation of law, alcohol or a controlled
substance.
"PROHIBITION OF SERVICE
"(b)(1) No person may use, in violation of law,
alcohol or a controlled substance after the date of
enactment of this section and serve as an airman,
crewmember, airport security screening contract
personnel, air carrier employee responsible for
safety-sensitive functions (as determined by the
Administrator), or employee of the Federal Aviation
Administration with responsibility for
safety-sensitive functions.
"(2) No person who is determined to have used, in
violation of law, alcohol or a controlled substance
after the date of enactment of this section shall
serve as an airman, crewmember, airport security
screening contract personnel, air carrier employee
responsible for safety-sensitive functions (as
determined by the Administrator), or employee of
the Federal Aviation Administration with
responsibility for safety-sensitive functions
unless such person has completed a program of
rehabilitation described in subsection (c).
"(3) Any such person determined by the
Administrator to have used, in violation of law,
alcohol or a controlled substance after the date of
enactment of this section who--
"(A) engaged in such use while on duty;
"(B) prior to such use had undertaken or
completed a rehabilitation program
described in subsection (c) of this
section;
"(C) following such determination refuses
to undertake such rehabilitation program;
or
"(D) following such determination fails
to complete such a rehabilitation
program,
shall not be permitted to perform the duties
relating to air transportation which such person
performed prior to the date of such determination.
"PROGRAM FOR REHABILITATION
"(c)(1) The Administrator shall prescribe
regulations setting forth requirements for
rehabilitation programs which at a minimum provide
for the identification and opportunity for
treatment of employees referred to in subsection
(a)(1) in need of assistance in resolving problems
with the use, in violation of law, of alcohol or
controlled substances. Each air carrier or foreign
air carrier is encouraged to make such a program
available to all of its employees in addition to
those employees referred to in subsection (a)(1).
The Administrator shall determine the circumstances
under which such employees shall be required to
participate in such a program. Nothing in this
subsection shall preclude any air carrier or
foreign air carrier from establishing a program
under this subsection in cooperation with any other
air carrier or foreign air carrier.
"(2) The Administrator shall establish and maintain
a rehabilitation program which at a minimum
provides for the identification and opportunity for
treatment of those employees of the Federal
Aviation Administration whose duties include
responsibility for safety-sensitive functions who
are in need of assistance in resolving problems
with the use of alcohol or controlled substances.
"PROCEDURES
"(d) In establishing the program required under
subsection (a) of this section, the Administrator
shall development requirements which shall--
"(1) promote, to the maximum extent
practicable, individual privacy in the
collection of specimen samples;
"(2) with respect to laboratories and
testing procedures for controlled
substances, incorporate the Department of
Health and Human Services scientific and
technical guidelines dated April 11,
1988, and any amendments thereto,
including mandatory guidelines which--
"(A) establish comprehensive
standards for all aspects of
laboratory controlled
substances testing and
laboratory procedures to be
applied in carrying out this
section, including standards
that require the use of the
best available technology for
ensuring full reliability and
accuracy of controlled
substances tests and strict
procedures governing the chain
of custody of specimen samples
collected for controlled
substances testing;
"(B) establish the minimum list
of controlled substances for
which persons may be tested;
and
"(C) establish appropriate
standards and procedures for
periodic review of laboratories
and criteria for certification
and revocation of certification
of laboratories to perform
controlled substances testing
in carrying out this section;
"(3) require that all laboratories
involved in the controlled substances
testing of any person under this section
shall have the capability and facility,
at such laboratory, of performing
screening and confirmation tests;
"(4) provide that all tests that indicate
the use, in violation of law, of alcohol
or a controlled substance by any person
shall be confirmed by a scientifically
recognized method of testing capable of
providing quantitative data regarding
alcohol or a controlled substance;
"(5) provide that each specimen sample be
subdivided, secured, and labeled in the
presence of the tested person and that a
portion thereof be retained in a secure
manner to prevent the possibility of
tampering, so that if the person's
confirmation test results are positive
the person has an opportunity to have the
retained portion assayed by a
confirmation test done independently at a
second certified laboratory if the person
requests the independent test within 3
days after being advised of the results
of the confirmation test;
"(6) ensure appropriate safeguards for
testing to detect and quantify alcohol in
breath and body fluid samples, including
urine and blood, through the development
of regulations as may be necessary and in
consultation with the Department of
Health and Human Services;
"(7) provide for the confidentiality of
test results and medical information
(other than information relating to
alcohol or a controlled substance) of
employees, except that this paragraph
shall not preclude the use of test
results for the orderly imposition of
appropriate sanctions under this section;
and
"(8) ensure that employees are selected
for tests by nondiscriminatory and
impartial methods, so that no employee is
harassed by being treated differently
from other employees in similar
circumstances.
"EFFECT ON OTHER LAWS AND REGULATIONS
"(e)(1) No State or local government shall adopt or
have in effect any law, rule, regulation,
ordinance, standard, or order that is inconsistent
with the regulations promulgated under this
section, except that the regulations promulgated
under this section shall not be construed to
preempt provisions of State criminal law which
impose sanctions for reckless conduct leading to
actual loss of life, injury, or damage to property,
whether the provisions apply specifically to
employees of an air carrier or foreign air carrier
or to the general public.
"(2) Nothing in this section shall be construed to
restrict the discretion of the Administrator to
continue in force, amend, or further supplement any
regulations issued before the date of enactment of
this section that govern the use of alcohol and
controlled substances by airmen, crewmembers,
airport security screening contract personnel, air
carrier employees responsible for safety-sensitive
functions (as determined by the Administrator), or
employees of the Federal Aviation Administration
with responsibility for safety-sensitive functions.
"(3) In prescribing regulations under this section,
the Administrator shall establish requirements
applicable to foreign air carriers that are
consistent with the international obligations of
the United States, and the Administrator shall
take into consideration any applicable laws and
regulations of foreign countries. The Secretary of
State and the Secretary of Transportation, jointly,
shall call on the member countries of the
International Civil Aviation Organization to
strengthen and enforce existing standards to
prohibit the use, in violation of law, of alcohol
or a controlled substance by crewmembers in
international civil aviation.
"DEFINITION
"(f) For the purposes of this section, the term
"controlled substance" means any substance under
section 102(6) of the Controlled Substances Act
(21 U.S.C. 802(6)) specified by the
Administrator.".
(2) The portion of the table of contents of the Federal
Aviation Act of 1958 relating to title VI is amended by
adding at the end thereof the following:
"Sec. 613. Alcohol and controlled substances testing.
"(a) Testing program.
"(b) Prohibition on service.
"(c) Program for rehabilitation.
"(d) Procedures.
"(e) Effect on other laws and regulations.
"(f) Definition.".
(d) AMENDMENT OF THE FEDERAL RAILROAD SAFETY ACT.--Section 202 of the
Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by
adding at the end thereof the following new subsection:
"(r)(1) In the interest of safety, the Secretary shall, not
later than 12 months after the date of enactment of this
subsection, issue rules, regulations, standards, and orders
relating to alcohol and drug use in railroad operations.
Such regulations shall establish a program which--
"(A) requires railroads to conduct preemployment,
reasonable suspicion, random, and post-accident
testing of all railroad employees responsible for
safety-sensitive functions (as determined by the
Secretary) for use, in violation of law, of alcohol
or a controlled substance;
"(B) requires, as the Secretary considers
appropriate, disqualification for an established
period of time or dismissal of any employee
determined to have used or to have been impaired by
alcohol while on duty; and
"(C) requires, as the Secretary considers
appropriate, disqualification for an established
period of time or dismissal of any employee
determined to have used a controlled substance,
whether on duty or not on duty, except as permitted
for medical purposes by law and any rules,
regulations, standards, or orders issued under this
title.
The Secretary may also issue rules, regulations, standards,
and orders, as the Secretary considers appropriate in the
interest of safety, requiring railroads to conduct periodic
testing of railroad employees responsible for such safety
sensitive functions, for use of alcohol or a controlled
substance in violation of law. Nothing in this subsection
shall be construed to restrict the discretion of the
Secretary to continue in force, amend, or further supplement
any rules, regulations, standards, and orders governing the
use of alcohol and controlled substances in railroad
operations issued before the date of enactment of this
subsection.
"(2) In carrying out this subsection, the Secretary shall
develop requirements which shall--
"(A) promote, to the maximum extent practicable,
individual privacy in the collection of specimen
samples;
"(B) with respect to laboratories and testing
procedures for controlled substances, incorporate
the Department of Health and Human Services
scientific and technical guidelines dated April 11,
1988, and any amendments thereto, including
mandatory guidelines which--
"(i) establish comprehensive standards
for all aspects of laboratory controlled
substances testing and laboratory
procedures to be applied in carrying out
this subsection, including standards that
require the use of the best available
technology for ensuring the full
reliability and accuracy of controlled
substances tests and strict procedures
governing the chain of custody of
specimen samples collected for controlled
substances testing;
"(ii) establish the minimum list of
controlled substances for which persons
may be tested; and
"(iii) establish appropriate standards
and procedures for periodic review of
laboratories and criteria for
certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying
out this subsection;
"(C) require that all laboratories involved in the
controlled substances testing of any employee under
this subsection shall have the capability and
facility, at such laboratory, of performing
screening and confirmation tests;
"(D) provide that all tests which indicate the use,
in violation of law, of alcohol or a controlled
substance by any employee shall be confirmed by a
scientifically recognized method of testing capable
of providing quantitative data regarding alcohol or
a controlled substance;
"(E) provide that each specimen sample be
subdivided, secured, and labeled in the presence of
the tested person and that a portion thereof be
retained in a secure manner to prevent the
possibility of tampering, so that in the event the
person's confirmation test results are positive the
person has an opportunity to have the retained
portion assayed by a confirmation test done
independently at a second certified laboratory if
the person requests the independent test within 3
days after being advised of the results of the
confirmation test;
"(F) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body
fluid samples, including urine and blood, through
the development of regulations as may be necessary
and in consultation with the Department of Health
and Human Services;
"(G) provides for the confidentiality of test
results and medical information (other than
information relating to alcohol or a controlled
substance) of employees, except that the provisions
of this subparagraph shall not preclude the use of
test results for the orderly imposition of
appropriate sanctions under this subsection; and
"(H) ensure that employees are selected for tests
by nondiscriminatory and impartial methods, so that
no employee is harassed by being treated
differently from other employees in similar
circumstances.
"(3) The Secretary shall issue rules, regulations, standards,
or orders setting forth requirements for rehabilitation
programs which at a minimum provide for the identification
and opportunity for treatment of railroad employees
responsible for safety-sensitive functions (as determined by
the Secretary) in need of assistance in resolving problems
with the use, in violation of law, of alcohol or a controlled
substance. Each railroad is encouraged to make such a
program available to all of its employees in addition to
those employees responsible for safety-sensitive functions.
The Secretary shall determine the circumstances under which
such employees shall be required to participate in such
program. Nothing in this paragraph shall preclude a railroad
from establishing a program under this paragraph in
cooperation with any other railroad.
"(4) In carrying out the provisions of this subsection, the
Secretary shall establish requirements that are consistent
with the international obligations of the United States, and
the Secretary shall take into consideration any applicable
laws and regulations of foreign countries.
"(5) For the purposes of this subsection, the term
'controlled substance' means any substance under section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))
specified by the Secretary.".
(e) AMENDMENT OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT.--(1) The
Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C.
2701 et seq.) is amended by adding at the end thereof the
following new section:
"SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES
TESTING.
"(a) REGULATIONS.--The Secretary shall, in the
interest of commercial motor vehicle safety, issue
regulations not later than 12 months after the date
of enactment of this section. Such regulations
shall establish a program which requires motor
carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of the
operators of commercial motor vehicles for use, in
violation of law, of alcohol or a controlled
substance. The Secretary may also issue
regulations, as the Secretary considers appropriate
in the interest of safety, for the conduct of
periodic testing of such operations for such use in
violation of law.
"(b) TESTING.--
"(1) POST-ACCIDENT TESTING.--In issuing
such regulations, the Secretary shall
require that post-accident testing of the
operator of a commercial motor vehicle be
conducted in the case of any accident
involving a commercial motor vehicle in
which occurs loss of human life, or, as
determined by the Secretary, other serious
accidents involving bodily injury or
significant property damage.
"(2) TESTING AS PART OF MEDICAL
EXAMINATION.--Nothing in subsection (a)
shall preclude the Secretary from
providing in such regulations that such
testing be conducted as part of the
medical examination required by subpart E
of part 391 of title 49, Code of Federal
Regulations, with respect to operators of
commercial motor vehicles to whom such
part is applicable.
"(c) PROGRAM FOR REHABILITATION.--The Secretary
shall issue regulations setting forth requirements
for rehabilitation programs which provide for the
identification and opportunity for treatment of
operators of commercial motor vehicles who are
determined to have used, in violation of law or
Federal regulation, alcohol or a controlled
substance. The Secretary shall determine the
circumstances under which such operators shall be
required to participate in such program. Nothing
in this subsection shall preclude a motor carrier
from establishing a program under this subsection
in cooperation with any other motor carrier.
"(d) PROCEDURES FOR TESTING.--In establishing the
program required under subsection (a) of this
section, the Secretary shall develop requirements
which shall--
"(1) promote, to the maximum extent
practicable, individual privacy in the
collection of specimen samples;
"(2) with respect to laboratories and
testing procedures for controlled
substances, incorporate the Department of
Health and Human Services scientific and
technical guidelines dated April 11,
1988, and any subsequent amendments
thereto, including mandatory guidelines
which--
"(A) establish comprehensive
standards for all aspects of
laboratory controlled
substances testing and
laboratory procedures to be
applied in carrying out this
section, including standards
which require the use of the
best available technology for
ensuring the full reliability
and accuracy of controlled
substances tests and strict
procedures governing the chain
of custody of specimen samples
collected for controlled
substances testing;
"(B) establish the minimum list
of controlled substances for
which individuals may be
tested; and
"(C) establish appropriate
standards and procedures for
periodic review of laboratories
and criteria for certification
and revocation of certification
of laboratories to perform
controlled substances testing
in carrying out this section;
"(3) require that all laboratories
involved in the testing of any individual
under this section shall have the
capability and facility, at such
laboratory, of performing screening and
confirmation tests;
"(4) provide that all tests which
indicate the use, in violation of law or
Federal regulation, of alcohol or a
controlled substance by any individual
shall be confirmed by a scientifically
recognized method of testing capable of
providing quantitative data regarding
alcohol or a controlled substance;
"(5) provide that each specimen sample be
subdivided, secured, and labeled in the
presence of the tested individual and
that a portion thereof be retained in a
secure manner to prevent the possibility
of tampering, so that in the event the
individual's confirmation test results
are positive the individual has an
opportunity to have the retained portion
assayed by a confirmation test done
independently at a second certified
laboratory if the individual requests the
independent test within 3 days after
being advised of the results of the
confirmation test;
"(6) ensure appropriate safeguards for
testing to detect and quantify alcohol in
breath and body fluid samples, including
urine and blood, through the development
of regulations as may be necessary and in
consultation with the Department of
Health and Human Services;
"(7) provide for the confidentiality of
test results and medical information
(other than information relating to
alcohol or a controlled substance) of
employees, except that the provisions of
this paragraph shall not preclude the use
of test results for the orderly
imposition of appropriate sanctions under
this section; and
"(8) ensure that employees are selected
for tests by nondiscriminatory and
impartial methods, so that no employee is
harassed by being treated differently
from other employees in similar
circumstances.
"(e) EFFECT ON OTHER LAWS AND REGULATIONS.--
"(1) STATE AND LOCAL LAW AND
REGULATIONS.--No State or local
government shall adopt or have in effect
any law, rule, regulation, ordinance,
standard, or order that is inconsistent
with the regulations issued under this
section, except that the regulations
issued under this section shall not be
construed to preempt provisions of State
criminal law which impose sanctions for
reckless conduct leading to actual loss
of life, injury, or damage to property,
whether the provisions apply specifically
to commercial motor vehicle employees, or
to the general public.
"(2) OTHER REGULATIONS ISSUED BY
SECRETARY.--Nothing in this section shall
be construed to restrict the discretion
of the Secretary to continue in force,
amend, or further supplement any
regulations governing the use of alcohol
or controlled substances by commercial
motor vehicle employees issued before the
date of enactment of this section.
"(3) INTERNATIONAL OBLIGATIONS.--In
issuing regulations under this section,
the Secretary shall only establish
requirements that are consistent with the
international obligations of the United
States, and the Secretary shall take into
consideration any applicable laws and
regulations of foreign countries.
"(f) APPLICATION OF PENALTIES.--
"(1) EFFECT ON OTHER PENALTIES.--Nothing
in this section shall be construed to
supersede any penalty applicable to the
operator of a commercial motor vehicle
under this title or any other provision
of law..
"(2) DETERMINATION OF SANCTIONS.--The
Secretary shall determine appropriate
sanctions for commercial motor vehicle
operators who are determined, as a result
of tests conducted and confirmed under
this section, to have used, in violation
of law or Federal regulation, alcohol or
a controlled substance but are not under
the influence of alcohol or a controlled
substance as provide in this title.
"(g) DEFINITION.--(1) For the purposes of this section, the
term 'controlled substance' means any substance under section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))
specified by the Secretary.".
(2) The table of contents of the Commercial Motor Vehicle
Safety Act of 1986 (Public Law 99-570; 100 Stat. 5223) is
amended by adding at the end thereof the following:
"Sec. 12020. Alcohol and controlled substances
testing.".
(3) The Secretary shall design within 9 months after the date
of enactment of this subsection, and implement within 15
months after the date of enactment of this subsection, a
pilot test program for the purpose of testing the operators
of commercial motor vehicles on a random basis to determine
whether an operator has used, in violation of law or Federal
regulation, alcohol or a controlled substance. The pilot
test program shall be administered as part of the Motor
Carrier Safety Assistance Program.
(4) The Secretary shall solicit the participation of State
which are interested in participating in such program and
shall select four States to participate in the program.
(5) The Secretary shall ensure that the states selected
pursuant to this section are representative of varying
geographical and population characteristics of the Nation and
that the selection takes into consideration the historical
geographical incidence of commercial motor vehicle accidents
involving loss of human life.
(6) The pilot program authorized by this section shall
continue for a period of one year. The Secretary shall
consider alternative methodologies for implementing a system
of random testing of operators of commercial motor vehicles.
(7) Not later than 30 months after the date of enactment of
this section, the Secretary shall prepare and submit to the
Congress a comprehensive report setting forth the results of
the pilot program conducted under this subsection. Such
report shall include any recommendations of the Secretary
concerning the desirability and implementation of a system
for the random testing of operators of commercial motor
vehicles.
(8) For the purposes of carrying out this subsection, there
shall be available to the Secretary $5,000,000 from funds
made available to carry out section 404 of the Surface
Transportation Assistance Act of 1982 (49 App. U.S.C. 2304)
for fiscal year 1990.
(9) For the purposes of this subsection, the term "commercial
motor vehicle" shall have the meaning given to such term in
section 12019(6) of the Commercial Motor Vehicle Safety Act
of 1986 (49 App. U.S.C. 2716(6)).
(f) AMENDMENT OF THE URBAN MASS TRANSPORTATION ACT.--The Urban Mass
Transportation Act of 1964 is amended by adding at the end thereof the
following new section:
"ALCOHOL AND CONTROLLED SUBSTANCES TESTING
"SEC. 26. (a) REGULATIONS.--The Secretary shall, in the
interest of mass transportation safety, issue regulations
within 12 months after the date of enactment of this section.
Such regulations shall establish a program which requires
each recipient of assistance under this Act to conduct
preemployment, reasonable suspicion, random, and postaccident
testing of the operators of mass transportation vehicles for
use, in violation of law or Federal regulation, of alcohol or
a controlled substance. The Secretary may also issue
regulations, as the Secretary considers appropriate in the
interest of safety, for the conduct of periodic recurring
testing of such operators for such use in violation of law or
Federal regulation.
"(b) POSTACCIDENT TESTING.--In issuing such regulations, the
Secretary shall require that postaccident testing of the
operator of a mass transportation vehicle be conducted in the
case of any accident involving a mass transportation vehicle
in which occurs loss of human life, or, as determined by the
Secretary, other serious accidents involving bodily injury or
significant property damage.
"(c) PROGRAM FOR REHABILITATION.--The Secretary shall issue
regulations setting forth requirements for rehabilitation
programs which provide for the identification and opportunity
for treatment of operators of mass transportation vehicles
who are determined to have used, in violation of law or
Federal regulation, alcohol or a controlled substance. The
Secretary shall determine the circumstances under which such
operators shall be required to participate in such a program.
Nothing in this subsection shall preclude a recipient from
establishing a program under this subsection in cooperation
with any other recipient.
"(d) PROCEDURES FOR TESTING.--In establishing the program
required under subsection (a) of this section, the Secretary
shall develop requirements which shall--
"(1) promote, to the maximum extent practicable,
individual privacy in the collection of specimen
samples;
"(2) with respect to laboratories and testing
procedures for controlled substances, incorporate
the Department of Health and Human Services
scientific and technical guidelines dated April 11,
1988, and any subsequent amendments thereto,
including mandatory guidelines which--
"(A) establish comprehensive standards
for all aspects of laboratory controlled
substances testing and laboratory
procedures to be applied in carrying out
this section, including standards which
require the use of the best available
technology for ensuring the full
reliability and accuracy of controlled
substances tests and strict procedures
governing the chain of custody of
specimen samples collected for controlled
substances testing;
"(B) establish the minimum list of
controlled substances for which
individuals may be tested; and
"(C) establish appropriate standards and
procedures for periodic review of
laboratories and criteria for
certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying
out this section;
"(3) require that all laboratories involved in the
testing of any individual under this section shall
have the capability and facility, at such
laboratory, of performing screening and
confirmation tests;
"(4) provide that all tests which indicate the use,
in violation of law or Federal regulation, of
alcohol or a controlled substance by any individual
shall be confirmed by a scientifically recognized
method of testing capable of providing quantitative
data regarding alcohol or a controlled substance;
"(5) provide that each specimen sample be
subdivided, secured, and labeled in the presence of
the tested individual and that a portion thereof be
retained in a secure manner to prevent the
possibility of tampering, so that in the event the
individual's confirmation test results are positive
the individual has an opportunity to have the
retained portion assayed by a confirmation test
done independently at a second certified laboratory
if the individual requests the independent test
within 3 days after being advised of the results of
the confirmation test;
"(6) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body
fluid samples, including urine and blood, through
the development of regulations as may be necessary
and in consultation with the Department of Health
and Human Services;
"(7) provide for the confidentiality of test
results and medical information (other than
information relating to alcohol or a controlled
substance) of employees, except that the provisions
of this paragraph shall not preclude the use of
test results for the orderly imposition of
appropriate sanctions under this section; and
"(8) ensure that employees are selected for tests
by nondiscriminatory and impartial methods, so that
no employee is harassed by being treated
differently from other employees in similar
circumstances.
"(e) EFFECT ON OTHER LAWS AND REGULATIONS.--
"(1) STATE AND LOCAL LAW AND REGULATIONS.--No State
or local government shall adopt or have in effect
any law, rule, regulation, ordinance, standard, or
order that is inconsistent with the regulations
issued under this section, except that the
regulations issued under this section shall not be
construed to preempt provisions of State criminal
law which impose sanctions for reckless conduct
leading to actual loss of life, injury, or damage
to property.
"(2) OTHER REGULATIONS ISSUED BY
SECRETARY.--Nothing in this section shall be
construed to restrict the discretion of the
Secretary to continue in force, amend, or further
supplement any regulations governing the use of
alcohol or controlled substances by mass
transportation employees issued before the date of
enactment of this section.
"(3) INTERNATIONAL OBLIGATIONS.--In issuing
regulations under this section, the Secretary shall
only establish requirements that are consistent
with the international obligations of the United
States, and the Secretary shall take into
consideration any applicable laws and regulations
of foreign countries.
"(f) APPLICATION OF PENALTIES.--
"(1) EFFECT ON OTHER PENALTIES.--Nothing in this
section shall be construed to supersede any penalty
applicable under this title or any other provision
of law..
"(2) DETERMINATION OF SANCTIONS.--The Secretary
shall determine appropriate sanctions for mass
transportation vehicle operators who are
determined, as a result of tests conducted and
confirmed under this section, to have used, in
violation of law or Federal regulation, alcohol or
a controlled substance but are not under the
influence of alcohol or a controlled substance as
provide in this title.
"(g) DEFINITION.--(1) For the purposes of this
section, the term 'controlled substance' means any
substance under section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)) specified by the
Secretary.".
SEC. 208. MONETARY AWARDS FOR CERTAIN INFORMATION RELATING TO THE
UNLAWFUL SALE OF CONTROLLED SUBSTANCES.
Section 524z(c)(1) of title 28, United States Code is amended--
(1) by striking "Justice--" and inserting "Justice:";
(2) in subparagraph (A)--
(A) by striking "the" in the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period; and
(3) in subparagraph (B)--
(A) by striking "the" the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period; and
(4) in subparagraph (C)--
(A) by striking "the" the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period;
(5) in subparagraph (D)--
(A) by striking "the" the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period;
(6) in subparagraph (E)--
(A) by striking "disbursements" and inserting
"Disbursements"; and
(B) by striking the semicolon at the end and
inserting a period;
(7) in subparagraph (F)--
(A) by striking "for" the first place it appears
and inserting "For"; and
(B) by striking the semicolon at the end and
inserting a period;
(8) in subparagraph (G)--
(A) by striking "for" the first place it appears
and inserting "For"; and
(B) by striking the semicolon at the end and
inserting a period;
(9) in subparagraph (H)--
(A) by striking "after" and inserting "After";
(B) by striking "(H)" and inserting "(I)"; and
(10) by inserting after subparagraph (G) the following:
"(H)(i) For the payment of an award to any person
or persons who provide information leading to the
arrest and conviction under Federal law of any
individual or individuals for the unlawful sale, or
possession for sale, of a controlled substance or a
controlled substance analogue. The aggregate
amount of such award shall be equal to 50 percent
of the fair market value (as of the date of
forfeiture) of all property forfeited to the United
States as a result of such conviction and pursuant
to a law enforced or administered by the Department
of Justice: _Provided_, That payment of such
awards shall not reduce the amount of such moneys
or property available for distribution to State and
local law enforcement agencies.
"(ii) For the payment to the State or States in
which the Federal offense was committed by such
individual or individuals, of an incentive award to
encourage such State or States, at their option, to
establish a program (including outreach) to pay
rewards to persons who provide information leading
to the arrest and conviction under State law of
individuals for the unlawful sale, or possession
for sale, of controlled substances or controlled
substance analogues. The aggregate amount of such
incentive award shall be equal to 5 percent of the
fair market value (as of the date of forfeiture) of
all property forfeited to the United States as a
result of the convictions referred to in clause (i)
and pursuant to a law enforced or administered by
the Department of Justice.
"(iii) For the purposes of this subparagraph--
"(I) the term 'controlled substance' has
the meaning stated in section 102(6) of
the Controlled Substances Act;
"(II) the term 'controlled substance
analogue' has the meaning stated in
section 102(32) of the Controlled
Substances Act; and
"(III) the term 'individual' does not
include an individual who is convicted
under Federal or State law for the
unlawful sale, or possession for sale, of
a controlled substance or a controlled
substances analogue.".
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
SEC. 302. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or the
application of any such provision or amendment to any person or
circumstance is held invalid, the validity of any other such provision
or amendment, and the application of such provisions or amendment to
other persons and circumstances, shall not be affected thereby.
----------------------------------------------------------------------------
Gosh, Bloody, What Can *I* Do About All Of This Shit?
Regardless of my opinion of the political system of this country, I will
say this much... The politicians will listen to you, *IF* you speak up.
They will ignore anything they don't like, if they can, but if their voters,
and thus the people responsible for their mega-salary-cushy-jobs, begin to
voice their opinions, they WILL listen.
It doesn't matter whether you are currently a registered voter, or even
old enough to vote at all. They don't know this, and won't know it if you
can handle yourself with maturity and intelligence.
Besides that, if they do a good job, you just may start voting for them,
or vote for them when you are able to, and it is very good publicity for
them.
So, whether you're pissed off about the drug laws, the terrorism that
they call Operation Sun Devil, or any of the other issues we have told you
about, or even those we HAVEN'T told you about, write your congressmen, your
representatives, hell, even write that Bush guy. Write your local papers,
the national papers, the major magazines. Tell your friends, your enemies,
your relatives, and everyone else you can find about what's going on.
Communication and Education are the first steps toward Reformation
--(c)October 1990 Bloody Afterbirth/Toxic Shock
----------------------------------------------------------------------------
Is Anybody Out There?
This is a list of the BBSs the contributors to this issue frequent.
Centre Of Eternity
615.552.5747 12/24 40 Megs 750+ Files
Toxic Shock base board
Lunatic Labs
213.655.0691
Damn good discussions
Ripco
312.528.5020
Instant access
Just Say Yes
415.922.2008
A shit load of files... Damn good board
Demon Roach Underground
806.794.4362
cDc base board
----------------------------------------------------------------------------
Recommended Reading
This list current as of 10/19/90.
## Name Author Size
104. Say "NO!"..Then GO!..and TELL! Bloody Afterbirth 13551
103. A Myth of Prejudice Gross Genitalia 6595
102. Garrick Beck Interview Gross Genitalia 19195
101. Chef RA Runs Out of Ganja Gross Genitalia 6220
100. The Flaming Fetus - Issue@#2 ldited by Bloody Afterbirth 240000
99. WOD #3: The Hallowed Day Gross Genitalia 5757
98. On Abortion and the Protectors of Nature Gross Genitalia 6050
97. Genitalia Sings the Hits Gross Genitalia 46511
96. Supporting a Safer Environment Gross Genitalia 11048
95. Drug Addiction? Gross Genitalia 7584
94. WOD #2: Existence After the Conflict Gross Genitalia 6209
93. Fetus' Bedtime Stories Vol I: The Spreading Gross Genitalia 16983
92. Stud Trashing Master's "Doobie Smokin" Gross Genitalia 17771
91. An Interview with The Streptococci Gross Genitalia 4997
90. Damn It Gross Genitalia 5130
89. Acme Checklists Gross Genitalia 6583
88. The Driver Gross Genitalia 10639
87. The Next Battleground Gross Genitalia 6717
86. Parity : The Drug Paraphernalia Issue Fetal Juice 10901
85. Louse And Flea Fetal Juice 3887
84. Pot Prohibition Leads To Law Abuse Fetal Juice 9443
83. Driving A Slut Crazy just for kicks Fetal Juice 4763
82. Clever Hans Fetal Juice 7626
81. Inside Urinalysis Fetal Juice 7103
80. Sacrifical Rites Fetal Juice 4061
79. Reefer Madness Fetal Juice 10310
78. Pot Reform Fetal Juice 6744
77. Killing Yourself Bloody Afterbirth 7711
76. Danzig II - Lucifuge lyrics Bloody Afterbirth 22629
75. Mac IIfx Product Review Gross Genitalia 12000
74. Nihilism And You - Part I Bloody Afterbirth 30171
73. Getting High Herbally Bloody Afterbirth 7477
72. Evolving Into Our Past Bloody Afterbirth 8775
71. The Bummers Gross Genitalia 11333
70. Green Consuming In Perspective Gross Genitalia 21629
69. The Flaming Fetus - Issue #1 edited by Bloody Afterbirth 74602
68. The Final Conflict Bloody Afterbirth 39499
67. How To Leave The Planet Gross Genitalia 7207
66. Burn The Flag! Bloody Afterbirth 6111
65. The Burning Of The Big Mac Gross Genitalia 8795
64. Earth Bloody Afterbirth 4129
63. Drug Testing:the shape of things to come... Bloody Afterbirth 20023
62. Poison Ivy Bloody Afterbirth 12921
61. Ed Rosenthal - Interview from High Times Bloody Afterbirth 21126
60. Birthquake! Gross Genitalia 10650
59. World Of Dreams #1 Gross Genitalia 7214
58. Fetal Sex Test Gross Genitalia 10482
57. The Guide to Telecommunications Terms Gross Genitalia 5589
56. Druglore and Draft-Dodgers Gross Genitalia 20853
55. Trix Are For Kids Gross Genitalia 5262
54. Fetus Takes A Day Off Gross Genitalia 15094
53. Don't You Just Hate It? Gross Genitalia 3879
52. PMS : Post Mortem Syndrome Bloody Afterbirth 12176
51. Prophecies of The End Times Bloody Afterbirth 14181
50. Meet the Toxins: The #50 File Gross Genitalia 62282
49. Fuck You Too: I Hate Your Guts Gross Genitalia 10428
48. Fetus Punishes A Rapist Gross Genitalia 4993
47. A Bad Period Gross Genitalia 5523
46. The Merciful Father Bloody Afterbirth 16658
45. Fuck You Bloody Afterbirth 6302
44. Miscellaneous Oddity Gross Genitalia 4977
43. Ode to Elvis Gross Genitalia 3014
42. People You Meet in Elevators Gross Genitalia 5039
41. Flamethrower Gross Genitalia 14491
40. A Man and His Love Bloody Afterbirth 4783
39. Late-Night Canoeing Gross Genitalia 6516
38. Refrigerator Sex Gross Genitalia 3802
37. Psychotic Orthodontists From Hell Gross Genitalia 6593
36. Where Is My Brain Going? Gross Genitalia 2469
35. Terrorizing The Dog Bitch Bloody Afterbirth 9773
34. Cat Music Bloody Afterbirth 3931
33. Fetal Nursery Rhymes Gross Genitalia 8258
32. The Three Dildoed Goats Rough Gross Genitalia 5145
31. More From The Bums Gross Genitalia 5371
30. America: Land of the Free Home of the Brave Bloody Afterbirth 6401
29. Bum Dialogue Gross Genitalia 4527
28. A Night In December Bloody Afterbirth 9352
27. Fetus Admires a Decade Gross Genitalia 5238
26. Fetal Poetry For Baters Gross Genitalia 2093
25. How Must I Beat Thee? Gross Genitalia 7059
24. When A Fetus Takes A Bath Gross Genitalia 6363
23. How To Trash Bloody Afterbirth 9731
22. Future of Game Machines Gross Genitalia 9097
21. The Stampede Fetal Juice 2750
20. Philosophy of The Community Cricket Fetal Juice 3849
19. My Mind Bloody Afterbirth 3608
18. The McDonald's Conspiracy Gross Genitalia 8181
17. The Song Bloody Afterbirth 2686
16. Fetus' Christmas Bloody Afterbirth 10057
15. Home for the Holidays Gross Genitalia 17523
14. Fetus Conspires Child Pornography Gross Genitalia 17963
13. A Woman Dies Bloody Afterbirth 2557
12. The Young Like It Bloody Twisted Testicles 15099
11. Fetus Got His Chainsaw Bloody Afterbirth 12638
10. Runaway Pubic Hair Bloody Afterbirth 4903
9. The Downfall of Coathanger Bloody Afterbirth 15108
8. Tele Anarchy Bloody Afterbirth 8286
7. Roadkill Anarchy Bloody Afterbirth 4842
6. Fetal Department Stores Gross Genitalia 12673
5. Night of the Fetus Bloody Afterbirth 13025
4. Freddy Meets the Gestapo Gross Genitalia 13307
3. 50 Uses for the Household Pussy Gross Genitalia 6517
2. Horny Toad Spree Gross Genitalia 10321
1. The Fetus Bloody Afterbirth 19060
Gross:57 Bloody:35 Fetal:11 Twisted : 1
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Peace
-This Has Been A Toxic Shock Presentation-